[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 11-25-2025 by L.L. No. 5-2025. Amendments noted where applicable.]
The Town of Cheektowaga hereby finds that unregulated short-term transient occupancy of dwelling units in residential neighborhoods presents endangerment to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located. The purposes of this article are to:
A. 
Balance the desire of property owners to rent their residential properties for a reasonable rate of return to short-term rental guests for compensation against the desire of residents to preserve the traditional character of their residential neighborhoods;
B. 
Preserve and protect residential neighborhood livability from impacts that are often associated with short-term rentals;
C. 
Comply with the Uniform Code for the health and safety of occupants of short-term rentals and existing residents.
A. 
Scope. This article shall apply to all rental dwelling units located within the Town of Cheektowaga, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located, as provided in this article. Any dwelling unit or any other premises subject to this article shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof.
B. 
Applicability. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this article does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation. This local law shall not apply to the Villages of Sloan and Depew.
A. 
Owners shall not use their property as a short-term rental without being registered with Erie County for purposes of occupancy tax registration and the Town of Cheektowaga to obtain a revocable short-term rental permit/license.
B. 
A short-term rental permit/license shall be valid for three years and must be renewed at least 45 days prior to expiration of the current permit/license if the premises are to continue to operate as a short-term rental.
C. 
The short-term rental permit/license is not transferable to a new owner. The new owner of the premises subject to a short-term rental permit/license must file a new permit/license application and be granted a short-term rental permit/license.
D. 
Notwithstanding the foregoing, those properties with short-term rental commitments existing on the date this section takes effect shall be permitted to honor such existing commitments and continue to make commitments for short-term rentals for 180 days, but must apply for a permit/license within 60 days of this chapter's effective date for all future short-term rental commitments. In the event such an application is denied, all commitments shall be cancelled. Nothing herein shall be interpreted to suspend the Town's right to enforcement of New York State building codes, the New York State Penal Law or any other applicable laws, rules or regulations.
As used in this part, the following terms shall have the meanings indicated:
ADVERTISING
Any form of communication for marketing that is used to encourage or persuade viewers, readers or listeners to contract for goods and/or services as may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, television commercials, radio, signage, direct mail, websites or text messages.
DWELLING
A building or structure, or portion thereof, designed for human habitation and approved for human occupancy.
SHORT-TERM RENTAL
A dwelling unit that is rented, in whole or in part, to any person or entity for a period of less than 30 consecutive days and is not otherwise regulated by another section of the Code of the Town of Cheektowaga.
SHORT-TERM RENTAL UNIT
A dwelling or other structure, including, but not limited to, an accessory structure, residence, commercial and/or industrial building that is used for sleeping purposes, in any form whatsoever, not occupied by the owner of the real property that is subject to a rental, barter, and/or exchange, in whole or in part, for a period of less than 30 consecutive calendar days as defined above.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,[1] and the New York State Energy Conservation Construction Code, and the Code of the Town of Cheektowaga, and as currently in effect and as hereafter amended from time to time.
[1]
Editor's Note: See Ch. 70, Building Construction Codes Administration, Art. I, Administration.
No rental occupancy permit or renewal thereof shall be issued upon any application unless the property shall be in compliance with all the provisions of the Code of the Town of Cheektowaga, the Building and Zoning Ordinance of the Town of Cheektowaga, New York State Uniform Fire Prevention and Building Code, the laws and sanitary and housing regulations of the County of Erie and the laws of the State of New York.
A. 
Any violation of any provision of the Town Code of the Town of Cheektowaga.
B. 
The short-term rental of property to short-term rental guests that is not in compliance with this article.
C. 
Providing false information with respect to a registration.
D. 
Detached accessory building (other than an authorized accessory dwelling unit as defined herein), vehicle (including a recreational vehicle or camper van), trailer, tent or mobile residential equipment (other than a mobile home) may not be registered as a short-term rental.
E. 
Advertising any short-term rental without a Town-issued registration number included in the advertisement.
F. 
Subject to any other ordinance provision to the contrary, signage identifying, advertising, providing wayfinding for or otherwise related to use of the dwelling unit as a short-term residential rental, either on- or off-site.
G. 
Short-term rentals in nonresidential buildings, unless a specific portion of the building is recognized by the Town as an existing habitable structure for human occupancy for lodging or sleeping purposes.
H. 
Short-term rental guests shall not rent, sublease, sublicense or assign all or any portion of the short-term rental to another person during the rental period.
I. 
The hosting of parties, conferences, family reunions, weddings, fundraisers or similar gatherings, including commercial gatherings, that are reasonably foreseeable to involve an assemblage of vehicles or persons more than the maximum allowable number of short-term guests to be conducted by short-term rental guests during a short-term rental, unless approved by the Town under a separate event permit.
J. 
No RVs or Campers are to be parked in the driveway and no tent camping in the yards on the property being leased.
K. 
Littering is illegal; and failure to dispose of pet waste properly (if applicable) is prohibited.
L. 
Recreational campfires must be attended and not disturbing the neighbors from size or smoke. Bonfires are not permitted. Fires, if permitted, are subject to state and local ban periods.
A. 
Property requirements.
(1) 
There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code requirements.
(2) 
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire- or smoke-detecting or other alarm device.
(3) 
There shall be an ABC fire extinguisher installed per code on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit/license holder(s) to ensure each contains a full charge. A record of the date inspected initialed by the permit/license holder shall be maintained and made available to the Code Enforcement Officer upon request.
(4) 
The house number shall be clearly visible from both the road and the driveway.
(5) 
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(6) 
Electrical systems shall be in good operating condition, labeled, unobstructed and shall be visible for the Code Enforcement Officer during the permitting process and subsequent inspections. Any defects found shall be corrected prior to permit/license issuance.
(7) 
All fireplaces shall comply with all applicable laws and regulations.
(8) 
In the event that the property has a private septic system, the maximum occupancy shall be defined by the capabilities of the septic system but in no event shall overnight occupancy for any short-term rental unit exceed 10 people total. A septic system at the property must meet all state requirements.
(9) 
If a private sewer, the septic system shall have been pumped within the past four years, and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Code Enforcement Officer. Proof of adequate capacity shall be submitted to the Code Enforcement Officer. Once a short-term rental permit/license is issued, the septic system must be pumped at least once every four years.
(10) 
Insurance standards. All applicants and permit/license holders must provide evidence of property insurance and a certificate of liability insurances indicating the premises is rated as a short-term rental and maintain such insurance throughout the term of the short-term rental permit.
(11) 
Rental contract. All applicants and permit/license holders shall have a rental contract, which will be provided at the time of application or at such times as revised.
(12) 
A "Good Neighbor Statement," provided at the time of permit issuance, must be conspicuously posted.
A. 
Application.
(1) 
Applications for a permit or certificate of registration shall contain the following information:
(a) 
Proof of ownership or legal occupancy of the subject parcel;
(b) 
Name, address, telephone number, and electronic mail address of the person to be conducting the rental sale or other activity; the name, telephone number, electronic mail address, and address of the business or organization for which the permit or certificate of registration is sought, or if acting as an agent, the name, address, electronic mail address, and telephone number of the principal/property owner who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
(c) 
The name, address, telephone number, cellular number, and email of any individual who shall be authorized to act on behalf of the owner to promptly rectify and remedy any violations of the standards related to the permit, including:
[1] 
Applicant.
[2] 
Property owner.
[3] 
Business or organization.
[4] 
Authorizing parties.
[5] 
Local point(s) of contact.
(d) 
A copy of the survey with respect to such property;
(e) 
Proof of insurance on the premises;
(f) 
Proof of compliance with all aspects of County of Erie Short-Term Rental registration requirements and procedures;
(g) 
Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter;
(h) 
Life safety plan depicting all rooms and spaces (public and private), all doors and windows, paths for emergency egress, the locations of fire extinguishers, local emergency contact numbers and the host's local contact number.
(2) 
The application shall be signed by the applicant and all owners of the real property and shall be accompanied by the application fees.
(3) 
All applications shall be made at least 120 days prior to conducting any activities requiring a permit, except as provided for otherwise in this chapter.
(4) 
In the event of an existing short-term rental operation as of the date of this chapter, the owner and/or operator of the rental facility shall apply for a permit within 60 days of the effective date of this chapter. Such rentals may continue pending a determination by the Town.
B. 
Fees shall be assessed and collected as set by the Town Board from time to time by resolution.
A. 
Use by owner. Use of a short-term rental by a record owner of a property for personal use by such owner shall not be considered a rental under this part.
B. 
Permit required. An owner shall obtain a permit whenever a dwelling unit is used for purposes of a short-term rental.
C. 
No Short-Term Rental shall operate without a valid Short-Term Rental Permit issued by the Town. The registry is subject to disclosure under the New York State Freedom of Information Law;[1] however, Town Board members, employees of the Cheektowaga Police Department, the code enforcement officer, and their designees do not need to go through the Freedom of Information Law (FOIL) process to access the registry in furtherance of official Town duties.
[1]
Editor's Note: See Art. 6 of Public Officers Law, § 84 et seq.
D. 
Permits are valid for three years and must be renewed at a cost to be determined by the Town of Cheektowaga Town Board by way of resolution.
E. 
The Town shall maintain a registry of all permitted Short-Term Rentals.
F. 
Unless otherwise provided, all licenses or permits required by the ordinances or local laws of the Town of Cheektowaga shall be issued by the Town of Cheektowaga Code Enforcement Officer, who shall collect the fees therefor.
G. 
Inspection. The Code Enforcement Officer shall undertake an inspection prior to the issuance, or renewal, of any permit. Such inspection shall include, but not be limited to, the following requirements, which must be maintained at all times by the owner and applicant. In the event that the Code Enforcement Officer determines that the necessary requirements have not been met or that the application is incomplete or inaccurate, the Code Enforcement Officer shall have the authority to request additional or corrected information and no permit will be issued until such information is received and reviewed within 10 days by the Code Enforcement Officer.
H. 
In the event that the owners do not reside in the residence or otherwise be within the geographical limits of the Town of Cheektowaga at the time that the property is used for a short-term rental, the owner shall provide local (i.e., County of Erie) contact information (i.e., name, address, electronic mailing address, telephone number, cellular number) of all individuals with the authority to handle any issues and/or concerns which may arise in their absence.
A. 
The Code Enforcement Officer may conduct such background checks as may be deemed necessary and prudent. The following shall be grounds for denying a permit:
(1) 
Failure of an applicant to truthfully provide any information requested by the Town as part of the application process.
(2) 
Failure of the applicant to pay any required fee.
(3) 
Evidence of a history of human trafficking, activities involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property shall be considered but not disqualifying.
(4) 
Evidence that the applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application shall be considered but not disqualifying.
(5) 
The applicant offers no proof of authority to serve as an agent.
(6) 
The applicant has been denied a permit or has had or presently has a permit under suspension, under this part, within the immediate past year, unless the applicant can and does show to the satisfaction of the Town that the reasons for such earlier denial, or pervious or present suspension, no longer exist.
(7) 
Such other legitimate reason as may be determined by the Town Board.
(8) 
The Code Enforcement Officer may also impose such conditions on any approval that shall be deemed reasonable and prudent by the Board in furtherance of the public health, safety and welfare.
B. 
Refusal of license or permit; appeal. In the event that the Code Enforcement Officer shall refuse to approve a license or permit, the person who has been refused a license or permit may appeal to the Appeals Panel, which shall, upon a favorable majority vote, order the Code Enforcement Officer to issue a license or permit to the applicant.
Unless otherwise stated, all license fees shall be paid to the Town's Code Enforcement Officer, and all licenses shall be issued for a period of three years. The fees for licenses and permits shall be determined by resolution of the Town Board of the Town of Cheektowaga from time to time, as amended by Town Board resolution. Fees submitted with permit applications shall be non-refundable in such event as a permit is denied, suspended or revoked.
A. 
The Code Enforcement Officer may immediately suspend or revoke a short-term rental permit/license based on severity of any of the following grounds:
(1) 
Applicant has falsified or failed to provide information in the application for a permit/license or the application for permit/license renewal.
(2) 
Applicant has failed to meet or comply with any of the requirements of this chapter.
(3) 
The owner is in violation of any provision of the Code of the Town of Cheektowaga related to the premises.
(4) 
The owner has been adjudicated to have violated any provision of the Penal Code of the State of New York, which violation occurred at, or related to the occupancy of, the short-term rental.
(5) 
Any conduct on the premises which disturbs the health, safety, peace, or comfort of the neighborhood or which otherwise creates a public nuisance.
(6) 
Removal or disrepair of any safety devices, such as, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
B. 
Suspension or revocation of license or permit. Where any person, owner or entity, for which a license or permit is issued by the Codes Enforcement Officer, is or may be in violation of the Town of Cheektowaga Code, and which is creating or may create a threat to the public health, safety and welfare of the Town of Cheektowaga or its inhabitants, the Code Enforcement Officer shall have the right to immediately suspend or revoke such license or permit upon serving written notice to the holder of such license or permit or upon any named designated representative of such short-term rental, pending a decision by the Appeals Panel.
A. 
Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used as a rental occupancy:
(1) 
The dwelling unit is occupied by someone other than the owner and the owner of the dwelling unit represents in writing or otherwise, to any person, establishment, business, institution or government agency, that he or she resides at an address other than the dwelling unit in question;
(2) 
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises;
(3) 
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises;
(4) 
There are separate entrances for segregated parts of the dwelling;
(5) 
There are partitions, key locks, or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;
(6) 
There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof;
(7) 
Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;
(8) 
Two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator;
(9) 
A premises has been advertised on the Internet, in any newspaper, magazine, on a website, local advertising publication, or posted or billed as being available for rent.
B. 
The presumptions set forth in Subsection A above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of residential illegal use and occupancy violations.
C. 
Nothing herein shall be construed to prevent persons living together as a family unit with the owner.
D. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
A. 
It shall be presumed that an owner of a dwelling unit does not reside within said dwelling unit if one or more of the following sets forth an address which is different than that of the dwelling unit:
(1) 
Voter registration;
(2) 
Motor vehicle registration;
(3) 
Driver's license; or
(4) 
Any other document filed with a public agency.
B. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
A. 
Any person seeking to challenge the action or decision of the Code Enforcement Officer to deny, suspend or revoke a permit applied for under the provisions of this part shall have the right to appeal such action or decision within 15 days after the notice of the action or decision has been delivered to the permit holder pursuant to this chapter.
B. 
An appeal shall be taken by filing with the Clerk a written statement setting forth the grounds for the appeal.
C. 
The Clerk shall transmit the written statement to the Code Enforcement Officer, Town Attorney, and the Supervisor within three business days of its receipt and the Supervisor shall set a time and place for a hearing on the appeal.
D. 
A panel to hear the appeal shall be convened and be comprised of the Town Supervisor (or her/his designee), the Chief of Police (or her/his designee) and the Director of Administration and Employee Relations (or her/his designee).
E. 
A hearing shall be set not later than 15 calendar days, excluding legal holidays, from the date of receipt of the appellant's written statement by the Town Clerk. Delays due to request by respondent shall not be grounds for dismissal in such event that the hearing takes place beyond the 15-calendar-day period described above.
F. 
Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
G. 
The decision of the Appeals Panel on appeal shall be final and binding.
All licenses or permits issued by the Town of Cheektowaga, emergency contacts, rules of operation and life safety plans shall be posted in a conspicuous place in the building licensed or in the place where the business licensed is carried on. All other licenses or permits shall be kept in a convenient place where they can be readily produced upon demand by the Clerk, the Town Board or persons duly authorized to demand the same, including, but not limited to, Law Enforcement, Codes Enforcement, Fire and EMS response personnel.
Nothing herein shall limit enforcement remedies to those delineated in this Chapter 201. The Town reserves its right to seek every and all remedies available under law in furtherance of the preservation of the health, safety and public welfare.
A. 
Any person or entity violating any of the provisions of this part shall, upon adjudication thereof, be subject to punishment by a fine established by the Cheektowaga Town Board from time to time by resolution.
B. 
The continuation of an offense under this part shall constitute, for each day the offense continues, a separate and distinct violation hereunder.
C. 
In addition to any criminal enforcement, the municipality or any individual may pursue any available civil remedies available under law as deemed appropriate and necessary.
D. 
Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding under this article for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing within 1,000 feet of any property wherein such violation exists, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do. Nothing herein shall be construed to limit the legal remedies of residents who believe that laws, regulations or local codes relative to the Town's Short-Term Rental laws are not being enforced by the Town.