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Airbnb owners puzzled by idea of new ban on short-term rentals

Airbnb owners tell 2 On Your Side that banning a few short-term rentals in the city is not going to fix the housing problems that persist.

BUFFALO, N.Y. — Buffalo Common Council members Mitch Nowakowski and David Rivera have told 2 On Your Side that they support a ban on certain Airbnbs in the city

They specifically want to tackle the influx of non-owner-occupied short-term rentals — Airbnbs in which the owner doesn't live at the property. 

Nowakowski says that his district, along with Rivera's, are seeing an influx of applications for these types of short-term rentals. 

"It was almost laughable by how many non-owner-occupied applications [came] before the council. Three council members came up to me, right on the floor, said, 'We need to put a ban on this,' " Nowakowski said. "This is becoming outrageous."

So far in 2024, the Common Council has received 44 non-owner-occupied application for short-term rental permits — not all of them have been approved.

Airbnb owners who spoke with 2 On Your Side on and off camera say that they're a bit baffled by the idea of a ban on non-owner-occupied short-term rentals. 

"We already went through this moratorium early in 2024," James Wangelin said. 

Wangelin owns four Airbnb properties in the City of Buffalo and 21 others throughout Western New York. 

"Those new regulations that were passed by the council that made a lot of sense, there's a lot of common-sense regulation with health code standards and things of that nature," Wangelin said. "Seeing this moratorium where they're backpedaling, saying, 'Actually, we don't really like this legislation, we want to put a pause on it,' came as a surprise."

Councilmembers expressed during a recent legislative committee meeting that constituents have complained that Airbnbs across the city are often used as party houses. 

Wangelin said that no one who uses a property for an Airbnb business would allow a party atmosphere because that would ultimately cost them money — either through the lack of bookings due to low ratings, replacing broken furnishings, or fines for violating city ordnances. 

He says if there are issues at an Airbnb, it's likely stemming from an illegal property. 

"We want to make sure that when guests come to the city, that they are going to a safe place," Wangelin said. "These unregulated ones are the ones that [they] should be focusing on more than the ones that are trying to go through the proper channels in order to be approved."

2 On Your Side reached out to Airbnb for comment, and a spokesperson said they would discuss the issue on Friday. 

As for enforcement of illegal Airbnbs in Buffalo, WGRZ asked the department of Permits and Inspections for the city of Buffalo how many fines for illegal properties have issued, the city is gathering that information. 

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