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Buffalo, NY Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Owner-occupied definition
Owner must be a resident of the property
Non-owner-occupied requirement
Special use permit + STR certificate required
Non-owner-occupied 1st-time fee
$650 (vs. $400 owner-occupied)
Non-owner-occupied minimum stay
2 nights

Summary

Buffalo defines an owner-occupied short-term rental as one where the owner is a resident of the property; non-owner-occupied STRs require a special use permit and are subject to more stringent review.

OWNER-OCCUPIED SHORT-TERM RENTAL: The rental of a dwelling unit for a time period between one and 30 days. Owner must be a resident of the property. NON-OWNER-OCCUPIED SHORT-TERM RENTAL: The short-term rental of a dwelling that is owned and maintained by a person, corporation or agent, who has legal authority to obtain a license to use the property for the purpose of a short-term rental, but who does not live within the main dwelling rented or does not share a roof in common with the property used for said services. ... (2) Non-owner-occupied short-term rentals not allowed without a special use permit. (4) Non-owner-occupied short-term rentals must first obtain a special use permit coupled with a short-term rental certificate. The special use permit coupled with a short-term rental certificate will be sufficient to grant such applicant a license to operate a non-owner-occupied short-term rental throughout the City of Buffalo, unless otherwise ineligible pursuant to Chapter 496 § 11.3.3 of the UDO.

Source: Buffalo Green CodeView official code

Full Breakdown

The distinction between owner-occupied and non-owner-occupied is critical because it determines which zoning process and fee schedule applies. A non-owner-occupied STR must obtain a special use permit subject to Planning Board review and Common Council approval. Non-owner-occupied STRs also face higher certificate fees ($650 first-time vs. $400) and must maintain a two-night minimum stay. Historic district properties face additional review requirements.

Violations & Fines

Operating a non-owner-occupied STR without a special use permit is a Class J fine of $500 per violation and grounds for license revocation.

Frequently Asked Questions

Can I rent out my entire house on Airbnb while I live somewhere else?
Only with a special use permit and STR certificate. Non-owner-occupied STRs require Planning Board recommendation and Common Council approval under § 380-7(4).
What counts as proof of owner-occupancy?
A driver's license plus two forms of official mail in the applicant's name addressed to the subject property per § 380-11(B)(2).

Sources & Official References

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All Buffalo rules

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