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Erie County, NY Short-Term Rentals: Taxes & Fees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Rate (30 or fewer rooms)
3% (includes STRs)
Rate (over 30 rooms)
5%
Authority
Local Law No. 12-1974
Filing
Quarterly to Comptroller
Late Penalty
5% + 1%/month

Summary

Erie County levies a hotel occupancy (bed) tax of 3% on lodging with 30 or fewer rooms, including short-term rentals, and 5% on lodging with more than 30 rooms, on stays under 30 consecutive days.

City-specific rules exist: Buffalo has its own taxes & fees rules that differ from Erie County's county-level regulations. If you live in Buffalo, check the city-specific page instead.

The rate of three percent (3%) is to be charged and paid upon the rent for every occupancy of a room in a hotel with 30 or less rooms. The rate of five percent (5%) is to be charged and paid upon the rent for every occupancy of a room in a hotel with more than 30 rooms. The tax applies to hotel, motel, and short term rentals to persons who are in residence for periods of less than thirty (30) consecutive days. Quarterly returns are due on March 20th, June 20th, September 20th, and December 20th.

Source: Erie County Local Law No. 12-1974 — Hotel Occupancy TaxView official code

Full Breakdown

Under Erie County Local Law No. 12-1974, authorized by New York Tax Law, the County imposes a Hotel Occupancy Tax administered by the Comptroller. The rate is 3% of the rent for establishments with 30 or fewer rooms, which now includes short-term and vacation rentals following the Occupancy Tax Modernization Act effective January 4, 2024, and 5% for establishments with more than 30 rooms. The tax applies to occupancies of less than thirty consecutive days. This local bed tax is in addition to New York State sales tax, because New York has no statewide occupancy tax and does not administer local bed taxes. Returns are filed quarterly with the Comptroller, due March 20, June 20, September 20, and December 20.

Violations & Fines

Late payment triggers a penalty of 5% of the tax due for the first month of delay plus 1% per month thereafter, together with interest, assessed by the Erie County Comptroller.

Frequently Asked Questions

How much is the Erie County bed tax on a short-term rental?
Short-term rentals pay 3% of the rent, the rate for lodging with 30 or fewer rooms, on stays under 30 consecutive days. Larger 30-plus-room hotels pay 5%.
Is this in addition to New York State tax?
Yes. New York has no statewide occupancy tax, so the 3% or 5% county bed tax is separate from and on top of New York State sales tax on occupancy.

Sources & Official References

Other rules in Erie County

All Erie County rules

How Erie County compares: Cities with the Highest Short-Term Rental Taxes·New York rules heatmap·Compare Erie County to another location·View the New York short-term rentals overview

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