Loading...
9-14.4A Ineligible Residential Units.
   The following residential units are not eligible to be offered as short-term rentals:
   (A)   Residential units designated as below market rate or income-restricted, that are subject to affordibility covenants or that are otherwise subject to housing or rental assistance under local, commonwealth or federal law;
   (B)   Residential units subject to any requirement of local, commonwealth or federal law that prohibits the leasing or subleasing of the unit or use of the unit as a short-term rental;
   (C)   Residential units that are located within properties designated as “problem properties” or “public nuisance properties” by the Mayor’s Problem Properties Task Force, or properties owned by property owners that own any property that is currently designated as a “problem property” or a “public nuisance property”, as defined in Subsection 9-13.1(E) and Subsection 16-57.2; and
   (D)   Residential units that are the subject of three or more findings of violations of this Section within a six-month period, or three or more violations of any municipal ordinance or commonwealth law or code relating to excessive noise, improper disposal of trash, disorderly conduct or other similar conduct within a six-month period.
(CBC 1985 9-14.4A; Ord. 2018 c. 5 § 1)
9-14.4B   Residential Units Not Subject to Certain Provisions of this Chapter.
   (A)   Currently licensed lodging houses. A residential unit offered as a short-term rental that is located in a dwelling holding a current and valid certificate of occupancy as a lodging house from ISD and a lodging house license from the Boston Licensing Board as of the effective date of this Section 9-14 shall be subject to the registration requirements contained herein, but shall not be subject to the limitations contained in Subsection 9-14.5(B), (C) or (D).
   (B)   Existing bed and breakfasts. A residential unit offered as a short-term rental that holds a current and valid certificate of occupancy as a bed and breakfast from ISD as of the effective date of this Section shall be subject to the registration requirements contained herein, but shall not be subject to the limitations contained in Subsection 9-14.5(B), (C) or (D).
   (C)   Residential units contracted for hospital stays. The use of a dwelling unit or portion thereof for which a contract exists between the owner of the dwelling unit and a health-care facility or government entity or non-profit organization registered as a charitable organization with the Secretary of the commonwealth or classified by the Internal Revenue Service as a public charity or private foundation that provides for the temporary housing in such unit of individuals who are being treated for trauma, injury or disease, or their family members, shall not be considered a short-term rental.
   (D)   Residential units used for furnished institutional or business stays. The use of a residential unit for which a contract or an agreement exists between the building owner, a corporate housing operator and an institution or business for the temporary housing of employees or individuals affiliated with such institutions or business, where the minimum stay is at least ten days, shall not be considered a short-term rental.
(CBC 1985 9-14.4B; Ord. 2018 c. 5 § 1)
9-14.5   Requirements for Short-Term Rentals.
   An operator may only offer one whole unit listing at a given time subject to the following provisions.
   (A)   Registration. Registration pursuant to Subsection 9-14.6.
   (B)   Short-term rental of a limited share unit. An operator may offer his or her limited share unit as a short-term rental for 365 days per year.
   (C)   Short-term rental of a home share unit. An operator may offer his or her home share unit as a short-term rental for up 365 days per year.
   (D)   Short-term rental of an owner-adjacent unit. An operator may offer his or her owner-adjacent unit as a short-term rental for 365 consecutive days per year.
   (E)   Permission of owner. An operator must certify at the time of registration that he or she has the following permissions to offer his or her residential unit as a short-term rental:
      (1)   Operator is the owner of the residential unit offered as a short-term rental; and
      (2)   That offering the residential unit as a short-term rental complies with applicable condominium documents, by-laws or other governing documents.
   (F)   Local contact. When registering, an operator must provide his or her name and contact information, and, in the event the operator is not present during the short-term rental, the name and contact information of an individual who is able to respond in person to any issues or emergencies that arise during the short-term rental within two hours of being notified. Contact information must include a telephone number that is active 24 hours per day to tenants, short-term rental occupants and public safety agencies. This phone number shall be included in the registration of the short-term rental unit at the time of registration.
   (G)   No outstanding violations. The residential unit offered as a short-term rental shall not be subject to any outstanding building, sanitary, zoning or fire code violations, orders of abatement or stop work orders or other requirements, laws or regulations that prohibit the operator from offering the residential unit as a short-term rental. If a violation or other order is issued after the residential unit has been listed on the Short-Term Rental Registry, ISD shall suspend the residential unit’s registration on the Short-Term Rental Registry until the violation has been cured or otherwise resolved.
   (H)   Compliance and interaction with other laws. Operators shall comply with all applicable federal, commonwealth and local laws and codes, including, but not limited to, the Fair Housing Act, M.G.L. Chapter 151B and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings. The residential unit offered as a short-term rental shall be in compliance with Subsection 9-1.4, Rental Dwelling Unit Delivery Standards. Those residential units offered as short-term rentals that are subject to Subsection 9-1.3, Inspection and Reinspection of Rental Units, shall continue to be subject to the requirements of that Section, including the payment of fees.
   (I)   Retention of records. The operator shall retain and make available to ISD, upon written request, records to demonstrate compliance with this Section, including, but not limited to: records demonstrating number of months that operator has resided or will reside in residential unit; records showing that operator is the owner of residential unit offered as a short-term rental; and records demonstrating number of days per year that residential unit is offered as a short-term rental. The operator shall retain such records for a period of three years from the date the residential unit is registered with ISD.
   (J)   Notifications.
      (1)   The operator shall include the registration number issued by ISD on any listing offering the residential unit as a short-term rental and shall post a sign on the inside of the residential unit providing information on the location of all fire extinguishers in the unit, and, if applicable, the location of all fire extinguishers, fire exits and pull fire alarms in the dwelling.
      (2)   The booking agent shall permit an operator to include the registration number issued by ISD on any listing offering the residential unit as a short-term rental.
      (3)   The operator shall, within 30 days of approved registration, provide notice to abutters of a residential unit that the residential unit has been registered as a short-term residential rental. For the purposes of this Section, an ABUTTER shall be defined as any residential dwelling located within 300 feet of said residential unit.
(CBC 1985 9-14.5; Ord. 2018 c. 5 § 1)
Loading...