Overview: Are Short-Term Rentals Allowed in Batavia?

Short-term rentals (STRs) are permitted in Batavia and throughout Genesee County. The county imposes a county bed tax on lodging providers that offer overnight accommodations for more than 14 days in a calendar year. Registration with the County Treasurer and quarterly filings are mandatory for all providers meeting the threshold, including STR operators using platforms such as Airbnb. Where Airbnb is collecting the county bed tax on your behalf, you must still file quarterly returns; where Airbnb is not collecting it, you are responsible for collection and remittance.

At the state level, New York allows STRs to operate, but they must align with the New York Multiple Dwelling Law (MDL). Specifically, short-term rentals are inconsistent with the intended permanent occupancy of “Class A” multiple dwellings (e.g., apartment houses used primarily for permanent residence) unless the host resides on-site and any applicable local conditions are met. STRs are generally compatible with “Class B” multiple dwellings, which are designed for transient occupancy (e.g., hotels, lodging houses). These constraints matter when evaluating a Batavia property’s zoning and building classification.

There is no explicit city of Batavia STR licensing framework provided in the referenced sources. If Batavia or Genesee County adopts city-level STR rules in the future, they may add owner-occupancy, zoning, or permit requirements. Investors should confirm with local authorities before listing.

How to Start a Short-Term Rental Business in Batavia/Genesee County

• Confirm zoning and building classification (Class A vs Class B) to ensure legal short-term rental use under state law. In mixed-use or multifamily buildings, seek clarity on the MDL classification and any building-specific restrictions.
• Register with the Genesee County Treasurer to obtain a Certificate of Authority and to collect the county bed tax if you provide lodging for more than 14 days in a calendar year.
• Decide how you will collect and remit taxes:
  • If using Airbnb: Starting May 1, 2024, Airbnb collects the county bed tax and remits it quarterly to the Treasurer’s Office. You must still file a quarterly return. If Airbnb is not collecting on your behalf, you must collect the bed tax directly.
• Determine whether you must collect New York State sales tax and any local sales taxes applicable to your transaction. Register with the NYS Tax Department if required.
• Prepare property safety and compliance documentation:
  • Carbon monoxide detectors and smoke detectors
  • Fire extinguishers
  • Posted emergency egress plans
  • Clear, unobstructed access to exits
• Implement reliable guest communications and property management protocols, including 24/7 guest support and response procedures, to maintain compliance and neighborhood relations.
• Consider engaging a local property manager if you are an out-of-state investor or prefer operational support.

Required Documents, Permits, Licenses, and Guidelines

Genesee County Requirements (Bed Tax)

• Application for Certificate of Authority
  • Submit the county application (form provided by the Treasurer’s Office) to register as a lodging provider.
• Certificate of Authority
  • Required to legally collect the county bed tax once you exceed 14 days of lodging in a calendar year.
• Quarterly Returns
  • Mandatory for all lodging providers, even if Airbnb collects and remits the county bed tax. The return reports the amount of tax collected (by Airbnb or by you) and is filed with the Treasurer’s Office.
• Documentation to keep on hand
  • Proof of registration (Certificate of Authority)
  • Quarterly filings and remittance records
  • Platform statements showing bed tax collected and remitted (if applicable)

New York State Requirements

• State Sales Tax Registration
  • Register with the New York State Tax Department if you are required to collect state sales tax on lodging.
• Local Sales Tax
  • Confirm applicable local sales tax and remit accordingly through NYS processes.
• Compliance with New York Multiple Dwelling Law (MDL)
  • Align your STR operation with the MDL’s Class A/Class B distinctions and any local adoptions of this framework.

Recommended Safety and Compliance Documentation

• Carbon monoxide and smoke detectors installed and operational
• Fire extinguishers placed per code
• Egress plans posted in all bedrooms
• 24/7 contact information for emergencies
• Evidence of clear and unobstructed access to exits

Specific Regulations for Short-Term Rentals (County and State)

Genesee County Bed Tax (Local Law #6 of 2021; Revised Local Law, 2024)

• Applicability: Any facility providing lodging overnight for more than 14 days in a calendar year must register and collect the county bed tax.
• Registration: Lodging providers must obtain a Certificate of Authority from the County Treasurer.
• Quarterly Remittance and Filing:
  • Quarterly return is mandatory regardless of whether Airbnb collects and remits the tax.
  • If Airbnb does not collect the tax on your behalf, you are responsible for collection and remittance.
• Platform Collections:
  • Effective May 1, 2024, Airbnb collects the Genesee County bed tax on rentals through its platform and remits it directly to the Treasurer’s Office on a quarterly basis.
• Required Filings:
  • Quarterly returns (even if 100% collected by Airbnb)
  • Application for Certificate of Authority
• Documents:
  • Bed Tax Law (PDF)
  • Application for Certificate of Authority (PDF)
  • Bed Tax Quarterly Return (PDF)

New York State Framework (MDL and State-Level Requirements)

• MDL Classification:
  • Class A Multiple Dwelling: STRs are inconsistent with permanent occupancy use unless the host resides on-site and all local conditions are met.
  • Class B Multiple Dwelling: STRs are generally allowed as these are designed for transient occupancy.
• State Sales Tax and MCTD:
  • NYS sales tax at 4% typically applies to lodging; a Metropolitan Commuter Transportation District (MCTD) surcharge of 3/8% applies where applicable.
• Local Sales Tax:
  • Additional local sales taxes apply depending on jurisdiction; confirm local rates and remit through NYS.
• Hotel Occupancy Taxes:
  • Many localities impose hotel occupancy taxes; check local regulations. In Genesee County, the bed tax applies in lieu of a city-level occupancy tax in the sources provided.
• Rental Income and Property Taxes:
  • Rental income is subject to federal, state, and local income taxes; property taxes apply at the county/municipal level.

Contact Information (Local Authority in Charge of STRs/Bed Tax)

• Genesee County Treasurer’s Office
  • Physical Address: 15 Main St, Batavia, NY 14020
  • Phone: Use the Genesee County Phone Directory
  • Website: Bed Tax information page (see References)
  • Filing Links:
    • Online Form: Quarterly Return
    • Online Form: Application for Certificate of Authority

Compliance Checklist (Actionable Steps for Investors)

• Confirm the property’s zoning and MDL classification (Class A vs Class B) before listing.
• Register with the Genesee County Treasurer and obtain a Certificate of Authority.
• Set up quarterly filing:
  • File the county quarterly return even if Airbnb remits the bed tax.
  • Retain platform remittance records and your own tax collection records.
• Register with NYS Tax Department for state/local sales tax if required.
• Install and verify safety equipment (CO/smoke detectors, fire extinguishers) and post egress plans.
• Implement 24/7 guest support and a local response plan or designate a local property manager.
• Monitor county updates for any changes in the bed tax law or collection procedures.

References

• Genesee County Bed Tax (Local Law #6 of 2021; Revised Local Law 2024)
  • Source: www.geneseeny.gov/Department-Content/Treasurer-and-Real-Property/Bed-Tax
• Buffalo STR Ordinance (for comparison of stricter city-level regulation; not applicable to Batavia)
  • Source: www.buffalorising.com/2024/12/common-council-further-addresses-short-term-rental-housing-regulations/
• New York Multiple Dwelling Law (PDF)
  • Source: www.nyc.gov/assets/buildings/pdf/MultipleDwellingLaw.pdf
• NYS Sales Tax Rates and Publications
  • Source: www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/sales_tax_rate_publications.htm
• Forms and Documents (hosted by Genesee County)
  • Bed Tax Law (PDF): www.geneseeny.gov/files/sharedassets/county/v/1/treasurer/bed-tax/bed-tax-revised-local-law-res-461-24.pdf
  • Application for Certificate of Authority (PDF): www.geneseeny.gov/files/sharedassets/county/v/1/treasurer/bed-tax/bed-tax-form-2023.pdf
  • Bed Tax Quarterly Return (PDF): www.geneseeny.gov/files/sharedassets/county/v/2/treasurer/bed-tax/county-of-genesee-bed-tax-return-2025.05.22.pdf
  • Online Form: Quarterly Return: us.openforms.com/Form/600ea9e5-3b42-4cc8-a553-a8b75661758a
  • Online Form: Application for Certificate of Authority: us.openforms.com/Form/cdb9c54c-0438-4466-a631-b139a2e7add5

Notes

• No explicit city of Batavia STR licensing or zoning restrictions were found in the provided sources; county-level bed tax rules govern lodging operations, and state law governs building classification and taxes.
• If the city later adopts STR-specific ordinances (e.g., caps, owner-occupancy, or zoning limits), investors should revise their compliance plan accordingly.