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Rochester Short Term Rental Regulation: A Guide For Airbnb Hosts
🤔 Confused? Get your vacation rental license, tax registration and inspections done for you
Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.
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Starting a Short Term Rental Business in Rochester
Rochester allows short-term rentals like Airbnb and VRBO in residential areas, but hosts must obtain a permit and follow several regulations. The city defines a short-term rental as renting out a property or part of a property for less than 30 consecutive days at a time to transient guests110.
Short-term rentals have become increasingly popular in Rochester in recent years. As of December 2022, there were over 680 active short-term rental listings in the city on platforms like Airbnb and VRBO, a 34% increase from pre-pandemic levels in 20197. The growth of the short-term rental market has prompted the city to adopt new regulations to address potential impacts on neighborhoods and housing affordability.
Short Term Rental Licensing Requirement in Rochester
As of January 1, 2023, all short-term rental operators in Rochester are required to obtain a Short Term Rental (STR) Permit from the city110. Permit applications must be submitted online through the city's Citizen Access Portal.
There are two types of STR permits:
- Owner-Occupied Permit: For rentals where the owner lives on-site, either in the same unit or a different unit on the same property. The application fee is $50 per year.
- Non-Owner Occupied Permit: For rentals where the owner does not live on the property. The application fee is $100 per year.
STR permits are valid for one year and must be renewed annually. Failure to obtain or renew a permit can result in fines of $500 per day1.
Required Documents for Rochester Short Term Rentals
To apply for a short-term rental permit in Rochester, hosts must provide the following110:
- A completed Short Term Rental Permit Application
- Proof of property ownership or written permission from the owner
- A floor plan of the rental unit(s) identifying bedrooms, exits, smoke/CO detectors, and fire extinguishers
- Proof of general liability insurance coverage of at least $1,000,000 per occurrence
- If owner-occupied, a signed affidavit affirming on-site residency
- For LLCs or corporations, articles of incorporation or organization
- Permit fee payment of $50 or $100
The city may also require a property inspection to verify compliance with building and fire codes before issuing an STR permit1.
Rochester Short Term Rental Taxes
Short-term rental hosts in Rochester are responsible for collecting and remitting the following taxes on each booking16:
- Monroe County Room Occupancy Tax: 6%
- New York State Sales Tax: 4%
- Rochester Hotel Unit Fee: $1.50 per night for 1-2 bedroom units, $2.50 per night for 3+ bedroom units
These taxes must be filed quarterly using tax return forms provided by the Monroe County Treasury and the New York State Department of Taxation and Finance16. Failure to collect and remit taxes is punishable by fines and interest.
Rochester-wide Short Term Rental Rules
In addition to permitting, Rochester's city-wide short-term rental regulations include110:
- Occupancy is limited to 2 people per legal bedroom, plus 2 additional people per unit, up to a maximum of 12 people total
- One off-street parking space must be provided for each rental unit
- Quiet hours are 10pm-7am daily; no noise audible beyond property lines
- No events, parties, or large gatherings allowed without city approval
- Permit number must be included on all listings
- Building exterior and yard must be kept clean and in good repair
- Property must pass annual city inspections
- Permit and local contact information must be posted inside the unit
Violations are subject to fines of $100-$500 per day. Three or more violations in a year can result in permit revocation1.
Does Rochester strictly enforce STR rules?
Rochester has taken a balanced approach to regulating short-term rentals. The city's STR ordinance was developed with input from Airbnb hosts and aims to allow rentals while mitigating neighborhood impacts13.
The city does actively enforce its short-term rental rules, conducting proactive inspections and responding to complaints. In 2022, the city issued over 100 citations to unpermitted operators, with fines totaling over $50,00010.
However, some unpermitted listings still exist under the radar. Scraping of Airbnb data by third-party sites suggests around 10-15% of Rochester's short-term rentals lack required permits15. But the city has stated it will continue ramping up enforcement to achieve full compliance.
Overall, Rochester is relatively Airbnb-friendly compared to some larger cities. Its regulations are not as strict as places like New York City or San Francisco. But hosts should be diligent about following the rules, as penalties can add up for repeat offenders.
How to Start a Short Term Rental Business in Rochester
- Determine if your property is eligible for short-term rentals under Rochester's zoning rules
- Complete the Short Term Rental Permit Application and submit required documents
- Schedule and pass a city inspection of the rental unit(s)
- Obtain general liability insurance coverage of $1,000,000 or more
- Register to collect and remit occupancy taxes with Monroe County and New York State
- Ensure the unit(s) are furnished and equipped to meet STR regulations
- Create your listing(s) on Airbnb, VRBO, and/or other short-term rental platforms
- Begin welcoming guests and providing quality hospitality
- Renew your STR permit annually and maintain tax and regulatory compliance
Who to contact in Rochester about Short Term Rental Regulations and Zoning?
City of Rochester Permit Office
(585) 428-6526
permitoffice@cityofrochester.gov
City Hall, 30 Church St, Room 121B, Rochester, NY 14614
City of Rochester Code Enforcement
311 or (585) 428-5990
RochesterNY.gov/STR
City Hall, 30 Church St, Rochester, NY 14614
What do Airbnb hosts in Rochester on Reddit and Bigger Pockets think about local regulations?
"I've been hosting on Airbnb in Rochester for 3 years now. The permitting process was pretty straightforward - just had to provide some basic info about my property, get an inspection, and pay the fee. It's an extra step but nothing too crazy. I appreciate that the city is trying to strike a balance." (Reddit)15"
One thing to watch out for in Rochester is the occupancy limits - they're stricter than a lot of other places. I had to get a variance to allow more than 2 people per bedroom in my house. The parking requirements can also be tricky for some properties. But overall I've found the city fairly reasonable to work with." (Bigger Pockets)19"
Make sure you dot your i's and cross your t's with the permit and taxes. I know some hosts try to fly under the radar but it's not worth the risk IMO. Rochester does enforce the rules and the fines can get expensive quick if you're caught. Better to just follow the process and sleep easy at night." (Reddit)15
So in summary, Rochester has a fairly robust short-term rental regulatory framework, with annual permits, occupancy limits, parking requirements, and other standards that hosts must follow. The city actively enforces these rules, but is generally accommodating to STRs that operate legally.
While the regulations create some added steps for hosts, most find them manageable, and appreciate the balanced approach compared to stricter bans or crackdowns elsewhere. Hosts should do their homework and work to stay compliant, but can absolutely run successful Airbnb businesses in Rochester.
🤔 Confused? Get your vacation rental license, tax registration and inspections done for you
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