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

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

Key Facts

Governing section
Town of Tonawanda Code § 215-24.7
Tax obligation
Erie County Hotel Occupancy Tax applies
Eligible property
Owner-occupied single-family home or accessory structure
Nonresident employee cap
Two employees maximum
Front-yard parking
Prohibited outside an approved driveway
Penalty
Fine up to $250 or 15 days jail

Summary

In the Town of Tonawanda, Code § 215-24.7 requires every bed-and-breakfast and short-term rental to be licensed, registered as a business, and subject to Erie County's Hotel Occupancy Tax. The Town Board limits these uses to owner-occupied single-family homes or an accessory structure on the same lot, capping outside staff at two nonresident employees.

§ 215-24.7. Bed-and-breakfasts and short-term rentals. All bed-and-breakfast and short-term rental uses shall be in conformance with the following requirements. A. Such uses shall be duly licensed, registered as a business and shall be subject to the Hotel Occupancy Tax of Erie County, New York. B. Such uses may be permitted in an owner-occupied single-family dwelling or detached accessory structure located on the same lot as the dwelling. ... ... F. There shall be no more than two nonresidential employees (not living on the property) reporting for work.

Full Breakdown

Section 215-24.7 of the Town of Tonawanda Code sets the standards a host must meet before renting short-term. Subsection A requires the operator to hold a business license, register the rental as a business, and pay Erie County's Hotel Occupancy Tax on every stay, the same levy the county applies to hotels and inns. Subsection B confines the use to an owner-occupied single-family dwelling or a detached accessory structure on that same lot, so absentee owners and unrelated corporate landlords cannot register a rental under this chapter, and Subsection C bars the use on any nonconforming lot or inside a nonconforming structure.

Subsection D limits on-site sales of merchandise to items incidental to the stay, and Subsection E requires the residential character of the lot to be preserved, prohibiting nonresidential structural alterations or additions. Subsection F caps nonresidential staff at two employees reporting for work, and Subsection G requires the property to meet the Town's off-street parking minimums on-site, though the reviewing board may grant relief through site plan review when on-site parking is impracticable. Subsection H bars parking in the front yard outside an approved driveway and requires screening of parking areas from neighbors and the public right-of-way, while Subsection I requires all outdoor lighting to be shielded so it does not spill onto neighboring properties.

Because the tax obligation runs to Erie County rather than the Town, hosts must separately register with the county's Hotel Occupancy Tax program in addition to the Town's business licensing and registration requirement under § 215-24.7.A.

Violations & Fines

Chapter 215's general enforcement provision, § 215-12.2, makes any violation of the Zoning Law, including an unlicensed or unregistered short-term rental, punishable by a fine of up to $250 or up to 15 days' imprisonment, or both, with each day a violation continues charged as a separate offense. Under § 215-12.3 the Code Enforcement Officer may also sue to restrain or abate an unlawful rental use.

Frequently Asked Questions

Does the Town of Tonawanda require a separate license for a short-term rental?
Yes. Section 215-24.7.A requires every bed-and-breakfast or short-term rental to be duly licensed and registered as a business before operating, in addition to any Erie County tax registration. Operating without registering exposes the host to the Zoning Law's general penalty of up to a $250 fine or 15 days in jail for each day of violation.
Do I owe hotel tax on my Tonawanda Airbnb?
Yes. Section 215-24.7.A makes every short-term rental in the Town subject to the Hotel Occupancy Tax of Erie County, New York, the same tax the county collects from hotels and inns. The Town Building Department can verify registration status during a site plan or code enforcement review.
Can I run a short-term rental out of a house I don't live in?
No. Section 215-24.7.B limits the use to an owner-occupied single-family dwelling or a detached accessory structure on that same lot, so a non-owner-occupied rental property does not qualify under this section of the Zoning Law.
How many outside employees can a Tonawanda short-term rental have?
Section 215-24.7.F caps nonresidential staff at two employees reporting for work at the property, keeping the operation to a scale consistent with the surrounding residential neighborhood.

Sources & Official References

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