Overview: Are Short-Term Rentals Allowed in Niagara Falls, NY?

• Yes—Niagara Falls allows short-term rentals (STRs) under a formal, two-step regulatory framework.
• STRs are defined as non-owner-occupied dwelling units (single-family detached or a unit in a two-family/duplex) rented as a whole unit for fewer than 30 days.
• Operation requires both (1) a Special Permit issued by the Zoning Board of Appeals (ZBA) and (2) a Short-Term Rental License issued by the Department of Code Enforcement.
• STRs are restricted to a specific, city-defined geographic boundary. Only detached single-family homes or duplex units within that boundary are eligible; multi-unit buildings with 3+ units, and a range of non-permanent structures, are prohibited.
• Key obligations include owner-management, a 24/7 local contact, liability insurance, safety equipment, compliance with building/fire codes, annual license renewal, and payment of taxes and fees.

How to Start a Short-Term Rental Business in Niagara Falls

1. Confirm Eligibility

• Ownership: Only the owner of record can apply (no renters/lessees).
• Property Type: Only (i) detached single-family dwellings or (ii) a dwelling unit in a two-family residential structure (duplex). STRs are not permitted in multi-unit structures (3+ units).
• Structure Type: Only structures approved for residential use under the New York State Building Code. Mobile homes, RVs, travel trailers, tents, yurts, sheds, garages, vehicles, and similar non-permanent structures are prohibited.
• Location: Your property must be inside the designated STR boundary (see Regulatory Boundaries for the map and legal description). If you have an STR with a valid Special Permit issued prior to July 28, 2021 that lies outside the current boundary, it may continue operating subject to ongoing compliance; otherwise, new STRs must be inside the boundary.
• Owner-Use: STRs must be owner-managed and operated; no third-party property managers may serve as the applicant/operator.
• Covenants: STRs are not permitted in dwellings subject to affordable housing covenants or income-restricted under federal, state, or local law.
• Listing Rules: Exterior signs identifying the STR are prohibited. Rent the entire dwelling; renting individual rooms is not allowed.

2. Obtain a Special Permit (Zoning Board of Appeals)

• Submit a ZBA Special Permit application to Code Enforcement (email submissions accepted).
• Fee: $250 for single-family; $400 for two-unit rental dwellings.
• Required submissions include architect/engineer code-compliance letter, interior floor plan, proof of completion of Destination Niagara USA’s EXP Program, proof of liability insurance (aggregate minimum $1,000,000, or equal/exceeding coverage through a platform), and proof of notifying all property owners within 200 feet of the subject premises.
• Special Permits are non-transferable and expire if a Short-Term Rental License is not obtained within one year of permit issuance.

3. Obtain the Short-Term Rental License (Code Enforcement)

• After the Special Permit is issued, apply for the STR License within one year.
• Annual License Fees: $250 for single-unit dwellings; $400 for two-unit dwellings (annual renewal required).
• Application requires: owner contact info, property address, signed and notarized attestations (no outstanding property taxes or other city debts; compliance with all laws; non-discrimination; designation of a 24/7 local contact able to respond within 45 minutes), and any supporting documentation requested by the Director. The Director may inspect the property and impose reasonable conditions.
• License Renewals: same form/requirements as initial application; submit at least 30 days before expiration.

4. Complete Pre-Opening Compliance and Post-License Requirements

• Health and Safety:
  • Working fire extinguishers.
  • NYS Fire Code–compliant smoke and carbon monoxide detectors/alarms.
  • No sleeping rooms above the second story.
  • Affix a Fire Safety Notice to the interior side of each bedroom door detailing egress routes, alarm transmission (if any), and evacuation procedures.
• Operations:
  • Post the Short-Term Rental License conspicuously in a protected mounting in the public corridor/hallway/lobby; if no common entrance, post at the entrance of the dwelling unit.
  • Maintain a guest registry (names/addresses of adult guests; arrival/departure dates) and make it available to city departments upon request.
  • Comply with City Code Chapters 911 (Trash/Recycling), 713 (Nuisances), and 501 (Parking). Provide trash/recycling containers and collection schedules in rental rules.
  • Occupancy: Overnight occupancy shall not exceed two persons per bedroom.
  • Noise and Gatherings: Quiet hours from 10 p.m. to 7 a.m.; the STR shall not be used for gatherings, parties, events, weddings, fundraisers, or similar group activities.
  • Parking: Only park on-site (if designed to accommodate) or off-site where parking is allowed; post parking rules conspicuously inside the STR.
  • Designate a 24/7 local contact who can respond to complaints within 45 minutes and take immediate action.
  • Acquire and maintain a valid New York State sales tax certificate as required by state law; remit all applicable taxes (sales tax, Niagara Falls room occupancy taxes) and any other required city, state, and federal taxes.
  • Platforms may collect/remit some taxes, but owners remain ultimately responsible for tax compliance.

5. Manage Renewals, Taxes, and Ongoing Compliance

• License: Annual renewal required at least 30 days before expiration; non-renewal results in expiration and illegal operation.
• Taxes: Maintain sales tax certificate and remit all applicable taxes. Ensure any platform tax remittance aligns with your obligations.
• Inspections: The Director or designee may inspect the property to ensure compliance; a $100 inspection fee is assessed for each inspection where violations of state or local laws are found.

Required Documents, Permits, Licenses, and Guidelines

• Zoning Board of Appeals (Special Permit)

  • Use/Area Variance Application (ZBA)
  • Filing instructions/contact: submit to Code Enforcement at Code@niagarafallsny.gov
  • Fee: $250 (single-family); $400 (two-unit)
  • Required attachments per Chapter 1328.13:
    • Architect/engineer letter confirming compliance with state and local building/safety codes
    • Interior floor plan of the entire residential unit
    • Certificate of completion for Destination Niagara USA’s EXP Program
    • Proof of liability insurance (aggregate ≥ $1,000,000) or platform-provided equal/exceeding coverage
    • Proof of notification to all property owners within 200 feet
    • All applicable fees payable to the City Controller

• Short-Term Rental License

  • Application form (Short-Term Rental Application – Special Permit)
  • License Requirements Document (Special Permit Requirements for Short-Term Rental)
  • Annual fee: $250 (single-unit); $400 (two-unit)
  • Required attestations:
    • No outstanding property taxes/tax liens or other city taxes/fees/assessments
    • Ongoing compliance with this Chapter, Zoning Ordinance, and all other applicable laws/regulations
    • Non-discrimination and compliance with fair housing and ADA requirements
    • Designation of a 24/7 local contact able to respond within 45 minutes
  • May include inspection by the Director and reasonable, related conditions

• Safety and Occupancy

  • Fire extinguisher(s); NYS Fire Code–compliant smoke and CO detectors
  • No sleeping rooms above the second story
  • Fire Safety Notice posted on each bedroom’s interior door
  • Occupancy limit: two persons per bedroom

• Operations

  • Guest registry of adult guests (names/addresses; arrival/departure dates)
  • Trash/recycling containers and posted instructions
  • Posted parking rules and quiet hours (10 p.m.–7 a.m.)
  • No exterior STR signage; rent the entire unit (no room-by-room rentals)

• Taxes

  • New York State sales tax certificate (as required by state law)
  • City of Niagara Falls room occupancy taxes and any other applicable taxes
  • Owners remain responsible for tax compliance even if a platform collects/remits taxes

• Helpful Guides and Templates

  • Short-Term Rental Requirements (permit/license summary)
  • Letter of Intent (template for notifying neighbors within 200 feet)
  • Rental Dwelling Unit Registration Packet (for context; not an STR permit)
  • Planning Review Information (types of reviews)

City-Specific Regulations (Niagara Falls, NY)

• Governing Law: City Zoning Ordinance Chapter 1328.13 (Short-Term Rental Units)
• Permit/License Framework:
  • Special Permit (ZBA) required before operation; non-transferable; expires if license not obtained within one year.
  • Annual Short-Term Rental License (Code Enforcement); license must be posted on-site.
• Eligibility:
  • Only the owner of record may apply.
  • Only single-family detached or a unit in a duplex; no STRs in 3+ unit buildings.
  • Must be owner-managed and operated.
• Geographic Boundary:
  • STRs are only permitted within the city-defined boundary starting July 28, 2021. Pre-existing Special Permits (issued prior to July 28, 2021) may continue even if outside the boundary.
• Prohibitions:
  • No STRs in affordable housing or income-restricted units.
  • No mobile homes, RVs, travel trailers, tents, yurts, sheds, garages, vehicles, or similar non-permanent structures.
  • No cooking facilities in bedrooms or other rooms where guests can sleep.
  • No exterior signage identifying the property as an STR.
  • No use for gatherings, parties, weddings, special events, fundraisers, or similar group activities.
• Safety and Occupancy:
  • Fire extinguishers and NYS Fire Code–compliant smoke/CO detectors.
  • No sleeping rooms above the second story.
  • Occupancy capped at two persons per bedroom.
  • Fire Safety Notice posted on each bedroom door.
• Operations:
  • Maintain and provide guest registry upon request.
  • Comply with City Codes 911 (Trash/Recycling), 713 (Nuisances), and 501 (Parking).
  • Post trash/recycling instructions and parking rules inside the STR.
  • Observe quiet hours 10 p.m.–7 a.m.
• Taxes:
  • Maintain a valid NYS sales tax certificate; remit City of Niagara Falls room occupancy taxes and any other applicable taxes.
• Inspections and Enforcement:
  • Director may inspect; $100 fee assessed per inspection where violations are found.
  • Violation escalations: 60-day suspension for first violation; 120-day suspension for second; revocation for third.
  • Operating without a permit/license: cease within 72 hours or face penalties ($100–$250 per violation, up to 15 days’ imprisonment, each day a separate offense).
  • Revoked license: cannot reapply for two years; must demonstrate full compliance for reinstatement.

County and State Regulations

• County-level STR rules:
  • Niagara County does not publish a separate STR ordinance or registration program. STR regulation is handled at the city level for properties within Niagara Falls.
• New York State (State-Level Context):
  • Licensing/permits: Managed by localities (e.g., Niagara Falls’ Special Permit and License).
  • Taxes: NY State imposes sales tax (4%). Local occupancy taxes (e.g., room occupancy tax) may apply. STR operators must register for and comply with NYS sales tax obligations and any local room occupancy tax requirements.
  • Safety codes: STRs must comply with New York State Building Code and Fire Code requirements referenced in local ordinances.
  • Ongoing evolution: The state continues to evaluate policy changes affecting short-term rentals (including data registries and platform compliance), and operators should monitor updates from state and local authorities.

Contact Information

• Code Enforcement (Special Permit/License inquiries; inspections)

  • Email: Code@niagarafallsny.gov
  • Mailing Address: 745 Main Street, Niagara Falls, NY 14301
  • Phone: (716) 286-4300

• Zoning Board of Appeals (Special Permit)

  • Applications are filed through Code Enforcement (email accepted at the address above)
  • ZBA meeting dates and application deadlines are published by the city

• Complaint Reporting (24/7 STR Complaint Hotline)

  • Phone: 716-402-7806
  • Online portal: see source link below

• City Main

  • Phone: (716) 286-4300

Links to Source Pages and Key Documents

• City STR Overview (Code Enforcement page)
  • niagarafallsusa.org/government/departments/code_enforcement/short-term_rentals.php
• Chapter 1328.13: Short-Term Rental Units (Ordinance)
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/Short-Term-Rental-1328.3-Ordinance.pdf
• STR Approved Zone (Map/Boundary)
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/STR-Approved-Zone.pdf
• FAQ: Short-Term Rentals
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/FAQ-Short-Term-Rentals.pdf
• Short-Term Rental Requirements (Permit/License Summary)
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/Permit-and-License-Requirements.pdf
• Special Permit Requirements for Short-Term Rental
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/Special%20Permit%20Requirements%20for%20Short%20Term%20Rental.pdf
• ZBA Use/Area Variance Application
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/blank%20zba%20variance%20form.pdf
• Short-Term Rental Application (License Application)
  • cms3.revize.com/revize/niagarafallsny/Documents/Government/Department/Code%20Enforcement/Short-Term%20Rental/ShortTermRental-S