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Short-Term Rental Regulations
in Derby, NY

Last verified: 2026-05-14 · Report an update

Zoning & Conditions

The Town of Evans requires a rental permit and a building/safety inspection prior to occupancy; permits must be renewed every two years. Additionally, operators must register with Erie County to collect and remit the county hotel/occupancy tax for stays under 30 days.

How to Obtain a Permit

1) Submit the Town of Evans Rental Application to the Code Enforcement Office with a $100.00 fee per unit. 2) Schedule and pass a building/safety inspection (landlord or tenant must be present). 3) Register with the Erie County Comptroller’s Office for hotel/short-term rental tax collection.

Official Resources

Official Derby STR regulation source

Frequently Asked Questions

Are Airbnbs legal in Derby, NY?
Airbnb listings are allowed in Derby, NY, but with restrictions. The Town of Evans requires a rental permit and a building/safety inspection prior to occupancy; permits must be renewed every two years. Additionally, operators must register with Erie County to collect and remit the county hotel/occupancy tax for stays under 30 days. A permit is required before you can host. These rules apply to all short-term rental platforms (Airbnb, Vrbo, Booking.com, etc.) — not just Airbnb specifically. See the official source linked on this page for full requirements. Last verified 2026-05-14.
Are short-term rentals allowed in Derby, NY?
The Town of Evans requires a rental permit and a building/safety inspection prior to occupancy; permits must be renewed every two years. Additionally, operators must register with Erie County to collect and remit the county hotel/occupancy tax for stays under 30 days.
Is a permit required to operate a short-term rental in Derby?
Yes, a permit is required to operate a short-term rental in Derby. 1) Submit the Town of Evans Rental Application to the Code Enforcement Office with a $100.00 fee per unit. 2) Schedule and pass a building/safety inspection (landlord or tenant must be present). 3) Register with the Erie County Comptroller’s Office for hotel/short-term rental tax collection.
How do I get a short-term rental permit in Derby?
1) Submit the Town of Evans Rental Application to the Code Enforcement Office with a $100.00 fee per unit. 2) Schedule and pass a building/safety inspection (landlord or tenant must be present). 3) Register with the Erie County Comptroller’s Office for hotel/short-term rental tax collection.
Is Vrbo legal in Derby, NY?
Vrbo is permitted in Derby, NY under the same restrictions that apply to Airbnb — local rules govern the rental itself, not the specific platform. You must hold a valid permit before hosting on Vrbo. Last verified 2026-05-14.
What taxes do short-term rental hosts pay in Derby?
Short-term rental hosts in Derby are typically responsible for lodging, occupancy, and applicable sales taxes — these usually apply even where hosting is allowed without a permit. Rates and remittance rules vary by jurisdiction (state, county, and city can each levy a share); confirm the current rates with the official source linked on this page. Platforms such as Airbnb and Vrbo collect some taxes automatically, but the host remains liable for any not collected on their behalf.
What is the latest short-term rental ordinance change in Derby?
We are not currently tracking any recent short-term rental ordinance changes for Derby. STR rules change frequently — verify the current requirements with the city or county before listing, using the official source linked on this page.

Disclaimer

This information is for general reference only and may not reflect the most current regulations. STR regulations change frequently. Always verify requirements with official local government sources before operating a short-term rental.

Last verified: 2026-05-14 · Suggest a correction