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Is Airbnb legal in Buffalo, New York?

Investor rentals allowed with a special use permit. Buffalo licenses non-owner-occupied STRs, but they need a special use permit approved by the Planning Board and Common Council on top of the certificate. The first-year certificate costs $650 for non-owner-occupied units ($400 to renew), with a two-night minimum stay. Investor STRs are barred from apartment buildings, co-ops, and condos.

Showing the researched rules for Buffalo, NY below. Type your Buffalo address to jump to the verdict.

Legal with permit

Investor rentals allowed with a special use permit

Buffalo licenses non-owner-occupied STRs, but they need a special use permit approved by the Planning Board and Common Council on top of the certificate. The first-year certificate costs $650 for non-owner-occupied units ($400 to renew), with a two-night minimum stay. Investor STRs are barred from apartment buildings, co-ops, and condos.

Permit and costs

Permit
Short-Term Rental Certificate (non-owner-occupied)
Issued by
City of Buffalo, Dept of Permit and Inspection Services
Cost
$650 initial / $400 renewal (non-owner-occupied)
Renewal
Annual

Key limits

Special use permit
Planning Board + Common Council approval for non-owner-occupied
Minimum stay
two-night minimum for non-owner-occupied
Excluded buildings
no apartment buildings, co-ops, or condos
Moratorium zones
new permits paused in certain districts

Taxes

Erie County occupancy tax
collected automatically by Airbnb

Registration checklist

  1. 1
    Confirm district eligibility
    Ask the Department of Permit and Inspection Services whether the address qualifies for a non-owner-occupied certificate.
  2. 2
    Get special use approval
    Win Planning Board and Common Council special use approval for non-owner-occupied use.
  3. 3
    License and inspect
    Apply for the certificate, pass inspection, and renew annually.

What could change this verdict

Your HOA
HOA and condo rules can bar STRs even with a city certificate.
Moratorium zones
The city paused new STR permits in certain districts; check whether the address is affected.

Sources

BNBCalc Buffalo guide · BNBCalc Erie County guide

Rules researched October 2026. They change, so verify with the city before you buy.

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Verify before you buy. Rules change often and vary by zoning, HOA, and building type. This is a research starting point, not legal advice. Always confirm with the city's planning or business-license office before signing anything.