Short-term rental permit rules in Erie County, NY β also called Airbnb permits, vacation rental licenses, or STR registration β list the application steps, fees, and operating requirements for hosting.
Erie County does not issue its own STR land-use permit, but every short-term rental operator must register with the Erie County Comptroller and collect a county hotel occupancy tax under Local Law 12-1974, as amended effective January 4, 2024 to expressly cover short-term and vacation rentals booked for under 30 consecutive days.
Erie County's lodging tax is established by Local Law No. 12-1974 and administered by the Erie County Comptroller's Hotel Tax Division at 95 Franklin Street, Room 1100, Buffalo, NY 14202. The law was amended to take effect January 4, 2024 so that "a short term rental or vacation rental" and any "other building regularly used for the lodging of guest[s]" are expressly included alongside hotels and motels. Any occupancy of fewer than thirty (30) consecutive days is taxable. Operators β defined broadly to include individuals, partnerships, corporations, trustees, and other representatives β must file a Certificate of Registration within three days of opening the business or acquiring it, then collect tax from guests and file quarterly returns due March 20, June 20, September 20, and December 20. Operators remitting less than $250 per year may elect annual filing. The county tax is separate from, and in addition to, New York State and local sales tax on hotel/STR occupancy.
Late returns incur a 5% penalty plus 1% monthly interest after the first month. The Comptroller may file a tax warrant against the operator and the rental property to collect unpaid tax, penalty, and interest. Failure to register or to collect the tax can lead to assessment and enforcement actions by Erie County.
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