This guide consolidates the current regulatory landscape for short‑term rentals (STRs) in Orchard Park, New York. It distinguishes municipal rules at the Village of Orchard Park level and the Town of Orchard Park level and adds New York State tax/tax‑collection requirements that apply regardless of local permit status. Use the “Sources” section at the end to verify and download the legal texts.

Overview

• Are STRs allowed?
  • Village of Orchard Park: Yes, under a comprehensive, two‑stage regime: (1) a Special Use Permit from the Village Board of Trustees and (2) a Short‑Term Rental License from Code Enforcement. Owner‑management is required, and several use restrictions apply (see specific regulations below).
  • Town of Orchard Park: Yes, but only for “hosted” short‑term rentals (STRP). Unhosted STRs are prohibited Town‑wide. Permits are granted by the Planning Board after public notice/hearing, and they are site‑specific and time‑limited.
  • State overlay: Regardless of Village/Town permits, you must comply with New York’s hoteloccupancy tax and sales tax rules (including any platform tax‑remittance responsibilities).

How to Start a Short‑Term Rental Business in This Market

• Decide your jurisdiction first.
  • If the property is inside the Village of Orchard Park, you must follow the Village’s Special Permit + License process described below.
  • If the property is in the Town (outside the Village), you can only operate a hosted STR and must obtain a Short‑Term Rental Permit (STRP) from the Planning Board.
• Confirm eligibility early.
  • Village: Only owner‑record applicants are eligible; STRs must be owner‑managed. Property must be a detached single‑family or a unit in a two‑family (duplex) dwelling; rentals must be for the entire unit; no multi‑unit (3+) buildings; no gatherings/events; no cooking in bedrooms.
  • Town: Only hosted rentals are permitted; unhosted STRs are prohibited. In many contexts, the Town restricts STRs to R‑3 and R‑4 zoning districts and requires proof of residential compliance with the NYS Uniform Fire Prevention and Building Code.
• Secure liability insurance.
  • Village requires at least $1,000,000 aggregate coverage (or equivalent platform coverage).
  • Town does not specify a minimum in the excerpt provided but may require general compliance with codes and standards.
• Prepare a full application package (see “Required documents…” below).
• Submit, schedule the public hearing (Village), and anticipate inspection(s).
  • Village: Code Enforcement inspection; Village Board public hearing and decision; then licensing.
  • Town: Code Enforcement inspection to verify compliance; Planning Board public notice and hearing.
• After permits, obtain required state tax registrations and set up your tax‑collection workflow (owner vs. platform responsibility varies by transaction type and platform policies).

Required Documents, Permits, Licenses, and Guidelines A. Village of Orchard Park (applies inside the Village only)

1. Special Use Permit (Village Board of Trustees) and Short‑Term Rental License (Code Enforcement)

• Application contents:
  • Completed application and fee to “Village of Orchard Park”
  • Special Permit fee: $200 (single‑family); $200 (two‑unit rental dwelling)
  • Compliance with NYS Building Code and Village codes
  • Interior floor plan of the entire unit
  • Proof of liability insurance (aggregate not less than $1,000,000) OR platform coverage with equal/greater coverage
  • Proof of notification to all property owners within 200 feet
  • Health and safety items:
    • Working fire extinguishers; NYS Fire Code compliant smoke and CO alarms
    • No sleeping rooms above the second story
    • “Fire Safety Notice” affixed to each bedroom entrance door explaining egress, alarm transmission, and evacuation procedures
• Licensing (after Special Permit issuance):
  • License application signed by all owners with an ownership interest
  • Owner contact details; property address
  • Notarized attestations:
    • No outstanding property taxes, liens, or Village obligations
    • Compliance with this Chapter, Zoning, and all applicable laws
    • Understanding and agreement to comply with all legal duties
    • Non‑discrimination pledge (FHA, ADA, Title VII)
    • Designation of a local contact available 24/7, able to respond to complaints within 45 minutes
  • Right of Code Enforcement to inspect
  • Public hearing required (Village Board) before license issuance
  • License fee: $0 for permits obtained in calendar year 2023; annual renewal fee of $50 from 2024 forward
  • Posting requirement: License must be conspicuously posted in a protected mounting in the public corridor/hallway/lobby, or at each unit entrance if no common entrance

2. Other operational requirements (Village):

• Occupancy: Max two persons per bedroom
• Guest registry required (names/addresses of adult guests; arrival/departure dates) and must be made available to Village departments on request
• Sales tax certificate: Owner must obtain a NYS sales tax certificate; applicable taxes must be timely remitted unless a platform is responsible for collection/remittance for the transaction
• Property standards: Trash/recycling containers, collection schedule, and disposal instructions must be provided to each renter; additional trash storage container required for units with max occupancy > 8 people and not using a dumpster (owner pays)
• Parking and quiet hours: Comply with Village parking standards; no disturbing noise 10 p.m.–8 a.m.; prominent backyard/pool notice required
• Exterior STR signage prohibited

B. Town of Orchard Park (applies outside the Village)

1. Short‑Term Rental Permit (Planning Board) for hosted STRs only

• Unhosted STRs: Prohibited
• Pre‑existing STRs (as of the law’s effective date) must comply within 60 days
• Application contents:
  • Owner/agent identification and on‑site presence details (for hosted rentals); secondary emergency contact
  • Number of bedrooms, approximate square footage, and max overnight occupants
  • Acknowledgment that property meets all local building code and Uniform Code requirements
  • Diagram/photos showing on‑site parking spaces and max vehicles for overnight occupants
  • For renewals, five‑year history of calls/complaints
  • Certification of accuracy and agreement to comply
• Application process:
  • Code Enforcement inspection for parking capacity and Uniform Code compliance; reinspection at renewal
  • Public hearing with notice to property owners within 1,000 feet
  • 24/7 call response capability: initial response within 1 hour; corrective action commenced within 24 hours; maintain call/complaint records
  • Permit term: 1 year initial; renewal 1–3 years at Planning Board discretion based on complaint/violation history
• Fees: Set by Town Board resolution (amount not specified in the excerpt)
• Posting requirements (Town):
  • Inside property near front door: owner/agent contact numbers (24/7), max occupants, max vehicles, quiet hours, noise provisions, refuse rules, and citations/fines notice
• Enforcement and penalties (Town):
  • Quiet hours: 10 p.m.–7 a.m. Sun–Thu; 11 p.m.–7 a.m. Fri–Sat
  • Fines:
    • 1st: up to $350 or up to 6 months imprisonment, or both
    • 2nd within 5 years: $350–$700 or up to 6 months imprisonment, or both
    • 3rd within 5 years: $700–$1,000 or up to 6 months imprisonment, or both
    • 4th and subsequent within 5 years: $1,000 or up to 6 months imprisonment, or both
  • Permit revocation possible after 4th offense within 5 years
  • Civil enforcement authorized to restrain, correct, or abate violations

C. New York State (applies regardless of municipality)

• Sales tax registration and collection/remittance are required for taxable lodging transactions.
• If a platform (e.g., Airbnb/VRBO) is the seller of record and collects/remits applicable taxes for a transaction, that may satisfy the tax‑collection/remittance requirement for that transaction; otherwise, the owner must collect and remit.
• New York City hotel occupancy tax does not apply outside NYC.

Specific Regulations: What You Can and Cannot Do

Village of Orchard Park (inside the Village)

• Allowed structure types: Detached single‑family or a unit in a two‑family (duplex); entire unit only; no separate room rentals; not in multi‑unit (3+) buildings
• Management: Must be owner‑managed and operated; only the owner of record may apply; special permits are non‑transferable
• Duration: Less than 30 days; applies to whole‑unit bookings only
• Permitted area: Limited to a defined boundary area within the Village (units outside the area are not permitted unless they held a valid Special Permit prior to June 12, 2023)
• Use restrictions: Overnight accommodations only; no gatherings/events (weddings, parties, sales events, fundraisers, etc.); no cooking in bedrooms; exterior STR signage prohibited
• Safety: Fire extinguishers and compliant smoke/CO alarms; Fire Safety Notice posted in each bedroom; no sleeping rooms above the second story
• Occupancy and records: Max two persons per bedroom; maintain a guest registry
• Taxes and fees: Obtain a sales tax certificate; follow trash/recycling rules (including additional container if occupancy > 8 and not using a dumpster)
• Quiet hours: No excessive noise 10 p.m.–8 a.m.; conspicuous backyard/pool notice required
• Insurance: Maintain $1M aggregate liability coverage or platform coverage meeting/exceeding that
• Enforcement: Inspections; violations may trigger immediate 60‑day suspension, then 120‑day suspension for second violation; third violation results in immediate revocation; fines $100–$250 per violation; operating without a permit leads to 72‑hour cease‑and‑desist order before penalties apply

Town of Orchard Park (outside the Village)

• Allowed rental type: Hosted short‑term rentals only (unhosted prohibited)
• Zoning: Typically permitted in R‑3 and R‑4 zones (per application review standards)
• Inspections: Code Enforcement inspections for parking capacity and Uniform Code compliance (and at renewal)
• Public hearing: Required; notice to owners within 1,000 feet
• Quiet hours and conduct: Quiet hours as stated; excessive noise prohibited; owner must respond to complaints within 1 hour and begin corrective action within 24 hours; maintain records
• Occupancy: Capped at the maximum specified in the permit; on‑site parking limits enforced
• Permits: Site‑specific; non‑transferable; initial term 1 year; renewals 1–3 years depending on performance/complaint history
• Enforcement and penalties: Criminal penalties and fines escalating by offense count; revocation after 4th offense within 5 years; civil enforcement available

New York State

• Sales tax and hotel occupancy tax obligations apply to taxable lodging transactions.
• Platform tax collection/remittance policies may satisfy collection/remittance for some or all transactions depending on the platform and how the transaction is structured.

Contact Information (Local Authority in Charge of STRs)

• Village of Orchard Park
  • Code Enforcement Officer: John Gullo
  • Phone: (716) 662‑6425
  • Address: 4295 South Buffalo Street, Orchard Park, NY 14127
  • Email: openg@orchardparkny.org (Engineering Department)
  • Website: www.orchardparkny.gov (for Village/Town general information)
• Town of Orchard Park (outside the Village)
  • Code Enforcement Officer and Planning Board are the lead review/permit bodies for STRs
  • For the Planning Board, use the general municipal contact information above or the Building Inspector’s office as referenced in local government materials; confirm current phone/email directly with the Town for Planning Board matters
• New York State Department of State (local law filing reference)
  • www.dos.ny.gov (for local law filing status and copies)

Sources (Links to Source Pages)

• Village of Orchard Park – Local Law No. 9 of 2023 (Short‑Term Rental Units)
  • ecode360.com/OR2827/laws/LF2059426.pdf
• Village of Orchard Park – Minutes (June 12, 2023) with short‑term rental law adoption
  • orchardparkvillageny.gov/wp-content/uploads/2023/06/m06122023.pdf
• Town of Orchard Park – Local Law (2018) adding §144‑30(F) Short‑Term Rentals
  • www.orchardparkny.gov/wp-content/uploads/2018/03/Support-Documents-101718.pdf

Practical Checklist for Investors

• Jurisdiction: Confirm whether the property lies inside the Village or in the Town.
• Eligibility:
  • Village: owner‑record; single‑family or duplex; whole‑unit; no multi‑unit; no events; no cooking in bedrooms.
  • Town: hosted only; unhosted prohibited; check zoning (R‑3/R‑4) and hosting capability.
• Insurance:
  • Village: ≥ $1,000,000 aggregate liability or platform coverage meeting that threshold.
  • Town: general code compliance; consider ≥ $1M as best practice.
• Application packages:
  • Village: Special Permit application (fee $200), then License application; plan for Code Enforcement inspection and Village Board public hearing.
  • Town: STRP application; plan for Code Enforcement inspection and Planning Board public hearing; confirm fee via resolution.
• Posting requirements:
  • Village: post license; quiet hours/backyard signage; fire safety notice in each bedroom; refuse rules.
  • Town: post STRP and standard conditions near front door; display owner/agent contacts, limits, quiet hours, refuse rules, and violation notices.
• Occupancy and parking:
  • Enforce the max persons per bedroom (Village) and unit‑specific limits (Town); align parking to on‑site capacity; post rules in‑unit.
• Taxes:
  • Obtain NYS sales tax certificate; set up collection/remittance workflow (owner or platform) and maintain records.
• Operations:
  • Maintain a 24/7 local contact who can respond to complaints in the required times (45 minutes Village; 1 hour Town) and track guest arrivals/departures; keep a guest registry and call/complaint logs.
• Enforcement readiness:
  • Inspections will occur; violations escalate quickly (suspension/revocation in Village; fines/revocation in Town). Keep an active compliance file and train your local contact.
• Re‑permitting:
  • Track renewal dates; note Town permits may be renewed for 1–3 years; Village renewals require annual attestation and $50 fee starting in 2024.

If you need the precise Village boundary map for permissible STR areas or the Town Board’s current STR permit fee schedule, contact Code Enforcement using the details above.