HomeMy Public PortalAbout2019-11-25 Short term rentals Report_202106161331015924 Watertown Town Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
Committee on Rules and Ordinances
Minutes of Monday, November 25, 2019 at 6:30PM
Richard E. Mastrangelo Council Chamber, 2nd Floor
Present. Councillors Anthony Donato, chair; Kenneth Woodland,vice chair; Lisa Feltner,
secretary.
Also present.Gideon Schreiber,Senior Planner, Councillor Anthony Palomba,resident David Stokes,
and Charlie Breitrose of WatertownMAnews.com.
AGENDA: Continue Discussion ReLyardinLy Short-Term Rental (STRI Local Options
and Related Issues (Der the Recent LeLyislation ConcerninLy the Samel
Chair Donato called the mtg to order 6:35 p.m. He and Feltner see merit in working toward
developing regulations for Watertown short-term residential rentals;Woodland is in favor of
adopting the Use,but he is not interested in STR regulations.
In theory,the use seems straight forward in apartments and houses in the current draft and
approach to amending zoning per Use Tables,but there is some confusion around the practical
effect,given some of the Definitions and other issues.
Gideon Schreiber outlined some points that need more discussion from the September 23, 2019,
committee meeting,including some of the current draft language by staff,with some focus on
language borrowed from Boston's STR Regulations,and a few other issues that were unresolved
from the previous committee meetings. For example:
1. Concept of Owner Occupier,vs Owner Adjacent. On page 3 at the bottom,there is 1(a)
Operator-occupied and
Donato suggested to strike Definition 4 and 5 and replace them with"Boston's"language- see 6, 7,
and 8 (on page 3);the committee unanimously agreed.
Discussion continued with questions about details in Regulations,such as fees,number of
bedrooms,number of people,and also,what about large bedrooms that could add beds?Boston
limits STR property use numbers to three bedrooms and six guests total,in order to help control
impacts from,as well as prevent large parties.
Donato asked why the numbers are different between Owner-occupied,and the Home Share
definitions; staff said it effectively means"whichever is fewer".
The Committee suggested we make a change to read, "for a duration of less than thirty-one (31)
consecutive calendar days"; this would then also match the state's language.
1
Schreiber will produce an amended draft with Donato for review in preparation for next [to be
determined,probably in new Term] for the next Committee meeting,as we look to lay out concerns
such as clearer rules,fees,registrations forms,effective date, and so forth.
At Feltner's request, Donato will ask K-P Law about"Fair Housing"rules; are we allowed to
distinguish between Owner and Primary Leaseholder,for defining allowability of Short-Term
Rental. Feltner read aloud the language for Operator as defined by Boston's STR Ordinance,which
restricts allowability to owners of the real estate; it doesn't include renters.
Feltner remains concerned about parking policies and how short-term rentals may affect the street
scape as well as Town enforcement needs. She also referred to some highlights from documents
received from DCDP,which noted"Subsequently,Spring Semester of 2019,the Town worked with
Boston University Initiative on Cities- Metrobridge Program to review the public comments from
2018 and consider implications and aspects for short-term rentals. The Metrobridge study
suggested some key points to consider,including limits to owner occupied and adjacent properties,
do not create an arbitrary cap on the number of days, do require the additional tax,do consider
creating a violation process,as well as additional staffing or third-party support for
implementation."
Gideon Schreiber and Steve Magoon will incorporate some improvements as discussed but won't
have time to prepare for a December meeting,so this committee meeting will continue into our new
Term of 2020-21. Committee agreed to Continue discussion of short-term rental local options and
related issues for Watertown.
8:35PM Feltner Motion to Adiourn.Woodland seconded: adiourned 3-0.
Respectfully submitted, Lisa Feltner
Exhibit A: Memo and Draft Zoning Amendment for STR from DCDP dated 9/20/2019.
Exhibit B: Boston's Short-Term Residential Rentals Ordinance, effective January 2019.
2
Exhibit A
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To: Town Council Committee on Rules and Ordinances
From: DCDP-Gideon Schreiber,AICP, Senior Planner&Steve Magoon, Director&Assistant Town
Manager
Re: Short-Term Rental Zoning Amendment and Regulations
Date: September 20, 2019
Background:
The Department of Community Development and Planning held a community meeting on February 21,
2018 and created a questionnaire at the same time (which was open for comments over the entire year)
to gather general concerns and comments in regard to short-term rentals. Subsequently, Spring
Semester of 2019, the Town worked with Boston University Initiative on Cities- Metrobridge program to
review the public comments from 2018 and consider implications and aspects for short-term rentals.
The Metrobridge study suggested some key points to consider, including: limit to owner occupied and
adjacent properties, do not create an arbitrary cap on the number of days, require the additional tax,
consider creating a violation process, and additional staffing or third-party support for implementation.
At the August 7, 2019 Committee meeting DCDP Staff presented for discussion sample language as used
in Cambridge, Newton, and Salem. The direction of the committee was to develop draft language to
allow the use within the Zoning Ordinance. The Committee also suggested considering a Town
Ordinance and Regulations as one option.
Implementation:
Staffing will be an important aspect of successful implementation if regulation and a registration process
is required. The Department is recommending that all short-term rental properties have a registration
requirement that is renewed.
Proposed Zoning Amendment:
1. Article II— Insert a new Section alphabetically (after Section 2.74 Setback)to define
short-term rental for zoning regulation. Subsequent sections would be renumbered.
Section 2.75 Short-Term Rental
Anv rental of a residential dwelling unit,or of a bedroom within a dwelling unit, in exchange for
pavment. as residential accommodations for a duration of less than thirtv(30) consecutive days.
2. Article V—Strike out Section 5.02(a) and replace with NEW Section 5.02(a) Short-Term
Rental. Add a note to reference the proposed Ordinance. This removes an unused
section and replaces it with an allowance for shot-term rentals. This amendment does
not have a requirement for a Special Permit for any scenario, and only requires
registration and compliance with new regulations.
SECTION 5.02 TABLE OF ACCESSORY USE REGULATIONS
Accessory Use Only S_6 S-10 � CR � SC T R IS Rt 2 NB LB CB I_1 I-2 I_3 PSCD OSC RMUD
a. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
SECTION 5.03 NOTES TO TABLE OF USE REGULATIONS
(17) Short-term rentals may be allowed as an accessory use within residential dwelling units in all districts,
as specified in Section 5.19.
SECTION 5.19 SHORT-TERM RENTALS
(a) Intent and Purpose
This Section is intended to make the operation of short-term rentals legal for residents, protect the
safety of renters and residents,ensure that the primary use remains residential,and ensure that
short-term rentals will not be a detriment to the character and livability of the surrounding
residential neighborhood.
(b) Definitions
(1) Short-term rental: Any rental of a residential dwelling unit, or of a bedroom within a
dwelling unit, in exchange for payment, as residential accommodations for a duration of less
than thirty(30) consecutive days.(Note:this is a common definition but does not add any
limitation on the number of days per month that a unit or room can be used for short-term
rental use)
(2) Short-term renter: Any person or persons occupying a dwelling unit, or a bedroom within a
dwelling unit, as a short-term rental for a duration of less than thirty(30) consecutive days.
(3) Short-term rental operator: The person or persons offering a dwelling unit or bedroom for
short-term rental, who may be either the owner or the primary leaseholder of the dwelling
unit with the written permission of the property owner and the condominium association if
applicable.
(4) Operator-occupied short-term rental: The short-term rental of a dwelling unit, or of no
more three(3) individual bedrooms within such dwelling unit,that is the primary residence
of its operator.
(5) Owner-adjacent short-term rental: The short-term rental of a dwelling unit that is not the
primary residence of the operator, but is within a residential building with four or fewer
dwelling units where all dwelling units in the building are owned by the operator, and one of
the dwelling units in the building is the primary residence of the operator.
(c) Applicability
The requirements of this Section shall apply to all short-term rentals in all districts where
residential uses are located, but shall not applyto principal transient accommodations
including Hotels.
(d) Regulations
The Director of the Department of Community Development and Planning,or their designee,shall have the
authority to promulgate regulations to carry out and enforce the provisions of this Section.
(e) Requirements:Only operator-occupied short-term rentals and owner-adjacent short-term
rentals are permitted.
1. A short-term rental operator may make available:
(a) operator-occupied short-term rentals-one(1)dwelling unit,which may include
separate short-term rentals of up to three(3) individual bedrooms, but the number
of bedrooms shall not exceed the number of lawful bedrooms in the unit.An
operator-occupied unit shall be rented only as a whole unit to one party of short-
term renters at anyone time and not rented as separate bedrooms to separate
parties when the operator is away from the unit for more than seven(7)consecutive
days. (Note:The number of days should be discussed to determine if
seven days is the correct requirement)
(b) owner-adjacent short-term rentals-one(1)dwelling unit rented only as a whole unit
to one party of short-term renters at any one time and not rented as separate
bedrooms to separate parties.
2. A dwelling unit or bedroom offered for short-term rentals shall comply with all
standards and regulations promulgated by DCDP.
3. All short-term rental operators shall register with the Department of Community
Development and Planning (DCDP) prior to short-term rental use and occupancy,
showing conformance with regulations in place.
4. A dwelling unit or bedroom offered for short-term rentals shall comply with building
code requirements for occupancy.
5. Operators of short-term rentals shall remit to the appropriate body all fees and taxes as
required by the Town and/or State authorities.
6. Short-term rental operators shall maintain liability insurance appropriate to cover the
short-term rental use.
7. Renting for an hourly rate, or for rental durations of less than one day, shall not be
permitted.
8. Commercial meetings and uses are prohibited in short-term rentals.
DRAFT REGULATIONS:
A. Procedural Requirements
1. The following information shall be provided to all short-term renters and posted in all
owner-adjacent short-term rentals in a manner to be determined by the Department of
Community Development and Planning:
a. Instructions for disposal of waste per the Town of Watertown's rules and the
conditions of the particular residence.
b. An emergency-exit diagram in all bedrooms used for owner-adjacent short-term
rentals and on all egresses from the dwelling unit.
c. Contact information for the short-term rental operator,or when the operator is not
present,the contact information for a locally available contact designated to
respond to all emergencies and problems that may arise during the rental period,
whether from renters, neighbors or municipal authorities.
d. The Certificate of Registration for the short-term rental.
2. The operator of an owner-adjacent short-term rental shall keep accurate books and records,
make them available upon request of the Department, and maintain such books and records
for a period of three years.
B. Registration
1. All dwelling units offered for short-term rentals shall first register with the municipality
and secure a Certificate of Registration according to standards set forth by the Building
Inspector/Inspectional Services Division,and pay all associated fees.
2. The Certificate of Registration shall require the operator to agree to abide by the
requirements of these Regulations. If the operator is not the owner of the property,the
operator shall provide written evidence that the owner,and the condominium
association if applicable, has consented to the short-term rental use of the property.
3. All operators shall provide the municipality with proof that one of the units in the
structure is used as the operator's primary residence,either by:
a. Providing proof of enrollment in the municipality's residential tax exemption
program,or
b. Providing an affidavit,signed under the pains and penalties of perjury, stating that
the dwelling being used for short-term rental is the operator's primary residence,a
property title or tenancy agreement along with a photo ID,and a government or
utility correspondence with operator's name and address issued within the last
three(3) months.
4. Prior to issuing or renewing a Certificate of Registration,the Department must conduct an
inspection to verify that each dwelling unit and bedroom to be rented to short-term
renters:
a. Meets all Building Code requirements for occupancy.
b. Meets all other requirements of this Section and regulations promulgated by
the Commissioner of Inspectional Services.
c. It is the responsibility of the short-term rental operator to renew its certificate
of registration every five years or upon change of operator or owner.
5. The Operator, upon listing a Short-Term Rental with a Booking Agent, or modifying
an existing listing shall file with the municipality an exact duplicate of the listing,
including property address. Listings must specify the quantity of off-street parking,
if any, and include language relative to the Winter Parking Ban.
6. A Booking Agent with any listings in Watertown shall provide to the municipality
on a quarterly basis an electronic report, in a format to be determined by
Watertown.The report shall include a breakdown of where the listings are
located, whether the listing is for a room or a whole unit, the number of nights
each unit was reported as occupied during the applicable reporting period, and
the Operator's name and full contact information.
C. Complaint Process and Violations
Complaints shall be made to the Department, unless it is an emergency in which case it should be
reported to emergency services, and an investigation shall commence within 30 days.Violations may, at
the Director's discretion, result in a warning or a ticket and the maximum fine appropriate per the
Zoning Ordinance.
One (1)or more such tickets within a six (6) month period will result in the unit no longer being eligible
to that Operator for use as a short-term rental for a period of six(6) months following the most recent
violation.
Violations may also include any failure to abide by these Regulations, including, but not limited to:
• Offering an ineligible unit,
• Failure to furnish a copy of a Booking Agent listing or include required parking information in
such listing, or
• Failure to remit any required excise tax or surcharge as required by law
Exhibit B
AN ORDINANCE ALLOWING SHORT-TERM RESIDENTIAL RENTALS IN THE CITY OF
BOSTON
Be it ordained by the City Council of Boston,as follows:
SECTION 1. City of Boston Code, Ordinances, Chapter IX is hereby amended by adding the
following section after section 9-13:
9-14 Short-Term Residential Rentals.
9-14.1 Purpose.
The purpose of this section is to provide a process through which certain dwelling units may be
registered with the City of Boston for use as short-term rental units under the stipulations laid out
within the ordinance.
9-14.2 Definitions.
Booking Agent. Any person or entity that facilitates reservations or collects payment for a Short-
Term Rental on behalf of or for an Operator.
Code. Boston Zoning Code.
Commissioner. Commissioner of the Inspectional Services Department or a designee.
ISD. City of Boston Inspectional Services Department.
DND. City of Boston Department of Neighborhood Development
DoIT. City of Boston Department of Innovation and Technology
Operator. A natural person who is the owner of the Residential Unit that he or she seeks to offer
as a Short-Term Rental. Only one owner may be registered as an Operator on the Short-Term
Rental Registry for a Residential Unit,and it shall be unlawful for any other person,even if that
person is an owner and meets the qualifications of Primary Resident,to offer a Residential Unit
for Short-Term Residential Rental.
Home Share Unit, A Residential Unit offered as a Short-Term Rental that is the Operator's
Primary Residence. Occupancy shall be limited to five bedrooms or ten guests in a Home Share
Unit, whichever is less.
Ineligible Units List. A list maintained by the City of Residential Units deemed ineligible for use
as Short-Tenn Rental Units subject to the provisions of Section 9.14.4A.
Limited Share Unit. A Residential Unit that is the Operator's Primary Residence,a portion of'
which is offered as a Short-Term Rental while the Operator is present. Occupancy shall be
limited to three bedrooms or six guests in a Limited Share Unit,whichever is less. One bedroom
must be reserved for the Operator.
(�v►?ar-4clinnont Hnit_A Recidellfial-i-init nffrred na-n-fihnrt T--erm Rantal-thnrivnLif the KiTgL
Primary Residence but that-is located within the same dwelling as the Primary Residence of,and
is owned by, said Owner;provided that,Owner-Adjacent Units used as Short-Term Rentals shall
only be allowed in two-family or three-family dwellings where all units are owned by the same
unique owner-occupant who serves as the Operator;provided further that,for the purposes of
owner-occupied three-family residential dwellings,in addition to the unit in which they reside
and use as a Home Share or Limited Share Unit,an Operator of an Owner-Adjacent Unit may
only register and use one Owner-Adjacent Unit as a Short Tenn Rental.
Primary Residence. The Residential Unit in which the Operator resides for at least nine months
out of a twelve-month period. Primary residence is demonstrated by showing that as of the date
of registration of the Residential Unit on the Short-Tenn Rental Registry,the Operator has
resided in the Residential Unit for nine of the past twelve months or that the Operator intends to
reside in the Residential Unit for nine of the next twelve months, as demonstrated by at least two
of the following:utility bill, voter registration,motor vehicle registration,deed,lease,driver's
license or state-issued identification, or proof of residential exemption.
Registration Number.A unique identification number generated for a single Residential Unit
registered as a Short-Term Rental.Registration Numbers shall be valid for the calendar year
during which they are assigned,January 1st through December 31',and shall be associated with
both a single Residential Unit and a single Operator.The Registration Number must be included
on any listing or advertisement offering a unit as a Short-Term Rental.
Residential Unit. A Residential Unit is a dwelling unit within a dwelling classified as a
residential use, as those terms are defined in the Code,but excluding:a congregate living
complex; elderly housing; a group residence, limited; a homeless shelter;orphanage; temporary
dwelling structure; and transitional housing. The term"Residential Unit"shall not include a
hotel,motel, executive suite, or other non-residential use.
Short-Term Rental(s). The use of a Residential Unit for residential occupancy by a person or
persons for a period of fewer than twenty-eight consecutive calendar days for a fee. A Short-
Term Rental may or may not be facilitated through a Booking Agent.
Short-Term Rental Registry. The database maintained by ISD, in conjunction with DoIT,that
includes information on Operators who are permitted to offer their Residential Units as Short-
Term Rentals. The Short-Term Rental Registry may be a stand-alone registry or may be
incorporated into the electronic database maintained by ISD pursuant to City of Boston Code,
Section 9-1.3,Inspection and Reinspection of Rental Units,provided that the location of the
Short-Tenn Rental with the Short-Term Rental Registry shall be made public.
9-14.3.. Short:Term Residential Rentals in the City of Boston.
No Residential Unit shall be offered as a Short-Term Rental except in compliance with the
provisions of this section.
9-14.4A Ineligible Residential Units.
a. The following Residential Units are not eligible to be offered as Short-Term Rentals:
(i) Residential Units designated as below market rate or income-restricted,that are subject to
affordability covenants, or that are otherwise subject to housing or rental assistance under local,
state, or federal law;
(ii) Residential Units subject to any requirement of local,state,or federal law that prohibits
the leasing or subleasing of the unit or use of the unit as a Short-Term Rental.
(iii) 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 City of Boston Code of Ordinances,
Chapter 9-13.1(e),City of Boston Code of Ordinances,Chapter 16-57.2.
(iv) Residential Units that are the subject of 3 or more findings of violations of this section
within a six-month period, or 3 or more violations of any municipal ordinance or state law or
code relating to excessive noise,improper disposal of trash,disorderly conduct, or other similar
conduct within a six-month period.
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 section 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 9-14 shall be subject to the registration requirements contained
herein,but-shall-not-be-subject-to the-limitations contained-in secticm-9-14-. , - ),-(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 of Massachusetts 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 Reml.
944.5 Requirements far Short-Term Rentals.
An Operator may only offer one(1)whole unit listing at a given time subject to the following
provisions:
a. Registration pursuant to section 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 Operatormay offer his or her
Home Share Unit as a Short-Term Rental for up 365 days per year.
d. Short-Tenn 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:
(i) Operator is the owner of the Residential Unit offered as a Short-Term Rental; and
(ii) that offering the Residential Unit as a Short-Tenn Rental complies with applicable
condominium documents,bylaws,or other governing documents.
f. Local Contact. When registering,an Operator must provide his or her name and
nnntgat infnrrnatinn Shad i.n fhe_evanf thrtClna�atnr i ruts rrPcar►t-rir,rin�tires. _ --—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(2)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 Notations. 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-Tenn 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, state, and local laws and codes, including but not limited to the Fair Housing
Act,G.L. c. 151 B 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 City of Boston Code of Ordinances section 9-1.4, Rental Dwelling Unit
Delivery Standards. Those Residential Units offered as Short-Term Rentals that are subject to
City of Boston Code of Ordinances section 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.
(i)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.
(ii)The Booking Agent shall permit an Operator to include the registration number issued by
- ISLE-on any-listing off a ng the-Residential-Unit as-a--Sbort=T--erm Runial.
(iii)The Operator shall, within thirty 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.
9-14.6 Short-Term Rental Registration Process, Certifieations,Fee.
a. Registration Process. An Operator who wishes to offer his or her Residential Unit as a
Short-Term Rental shall register with ISD, online or in a paper form prescribed by ISD, to be
listed on the Short-Term Rental Registry. A registration shall be valid for a one-year term,from
January I through December 31 of each year or for such alternative twelve-month period as the
Commissioner shall determine. An Operator shall provide information to be listed on the
Registry,including: Operator name,address of Residential Unit, Operator's relationship to the
unit, whether Residential Unit is being offered as a Limited Share,Home Share or Owner-
Adjacent Unit, and other information as required by ISD. The Operator shall also certify that he
or she and the Residential Unit comply with the requirements of this section. An Operator 1010
successfully registers his or her Residential Unit as a Short-Term Rental shall be issued a
registration number.
Upon submission, and on an on-going basis as necessary, registration information shall
be compared to information managed and maintained by City departments,including,but not
limited to DoIT and DND, in order to efficiently and effectively verify compliance with the
provisions of this ordinance. ISD shall make submissions to the Short-Term Rental Registry,or
data contained within such submissions, available electronically within thirty(30)days.
b. Fees. Units shall be annually recorded in the Short-Term Rental Registry pursuant to the
following:
(i)The annual registration fee for Limited Share Units shall be twenty-five dollars ($25.00).
(ii)The annual registration fee for Home Share Units shall be two-hundred dollars($200.00)
(iii)The annual registration fee for Owner-Adjacent Units shall be two-hundred dollars
($200.00).
c. Re-registration Upon Unit Turnover, A registration shall be tied to both the Residential
Unit and the Operator and will not automatically transfer upon the sale of the unit. New
Operators are responsible for ensuring that they re-register with ISD to obtain a new registration
number if they wish to continue to list the Residential Unit on the Short-Term Rental Registry.
d. Amending Registration-Upon Change in Primary Residence. If an Operator offering a
registered Residential Unit ceases to be a Primary Resident of the unit,the Operator shall
immediately notify ISD to remove the unit from the Short-Term Rental Registry.
e. Bulk Registration by Booking Agent. Nothing herein shall prohibit a Booling Agent
from entering into an agreement with the City to provide registration services for Short-Tc=
Rental Operators.
9-14.7 Room Occupancy Excise.
A Residential Unit subject to the provisions of this ordinance that is also subject to the Room
Occupancy Excise under G.L. c.64G or any other excise or surcharge pertaining to Short-Term
Rentals or transient occupancy shall comply with the provisions of said statutes.
Notwithstanding any provision or requirement to the contrary,an Operator may use a Booking
Agent for the purposes of collecting and remitting the applicable room occupancy excise to the
Commonwealth, and said Booking Agent shall enter into an agreement with the City for the
collection and remittance of such tax,If an Operator does not use a Booking Agent to collect
payment for a Short-Term Rental,the Operator shall be responsible for collecting and remitting
the applicable room occupancy excise tax to the Commonwealth.
9-14.8 Complaint Process; Violations.
a. Complaint A complaint alleging that a Residential Unit is in violation of this section or
any applicable law, code or regulation may be filed with ISD. The complaint must contain the
Residential Unit's address,unit number,date and nature of alleged violation(s),and name and
contact information of complainant.
b. Review of Complaint Within thirty(30)days after receipt of a complaint,the
Commissioner or a designee shall investigate the complaint and shall determine whether there
maybe a violation. If the alleged violation is under the jurisdiction of another city or state or
federal agency, the Commissioner shall refer the complaint to such agency for further action.
Upon a finding of a potential violation, the Commissioner or designee shall serve notice of the
violation upon the Operator of the Residential Unit at issue,if such unit is listed on the Short-
Term Rental Registry,and upon the owner or resident agent of record of the Residential Unit at
issue, if such unit is not listed on the Short-Term Rental Registry. The Commissioner shall keep
records of all complaints received and determinations made.
C. Right to Hearing. A person upon whom a notice of violation has been served may
request a hearing from ISD by filing a written petition requesting a hearing on the matter with
ISD within fourteen(1.4)-days-after the-day the-nofiee-of violatiorrwas-sejrved-Upon receipt—of a
-petition for hearing, ISD shall notify the complainant of the place, date and time of the hearing.
The hearing shall occur no later than two(2)weeks after the date ISD receives the petition for
hearing. The time period in which violations must be remedied shall be stayed upon receipt of
the petition for a hearing until such time as the hearing is held and the Commissioner or designee
has issued a decision.
d. Decision. Within seven days after the conclusion of the hearing, the Commissioner or
designee shall sustain,modify,or withdraw the notice of violation and shall inform the person
upon whom a notice of violation has been served, in writing,of its decision and the reasons
therefor. If ISD sustains or modifies the notice of violation,said violation shall be remedied
within the time period allotted as issued or in the modification.
If a written petition for a hearing is not filed with ISD within fourteen(14) days after the notice
of violation has been served,or if,after a hearing,the notice of violation has been sustained in
any part,each day's failure to comply with the notice of violation within the time allotted as
issued or modified shall constitute a separate violation.
e. Judicial appeals Any person aggrieved by a final decision of ISD with respect to a
notice of violation or any other order issued under this section may seek relief therefrom in any
court of competent jurisdiction as provided by the laws of the Commonwealth.
9-14.9 Penalties
a. Offering an Ineligible Unit as a Short-Tern:Rental, Any person who offers a unit as a
Short-Term Rental,or any Booking Agent who accepts a fee for booking a unit as a Short-Team
Rental, where such unit is not an eligible Residential Unit,shall be fined three hundred dollars
($300)per violation per day. Each day's failure to comply with a notice of violation or any other
order shall constitute a separate violation. The Commissioner or a designee may also seek an
injunction from a court of competent jurisdiction prohibiting the offering of the unit as a Short-
Term Rental.
b. Failure to Register. Any person who offers an eligible Residential Unit as a Short-Term
Rental without registering with ISD,or any person who offers an eligible Residential Unit as a
Short-Term Rental while the unit's registration on the Short-Term Rental Registry is suspended,
shall be fined one hundred dollars ($100)per violation per day. Each day's failure to comply
with a notice of violation or any other order shall constitute a separate violation.
C. Failure to Comply with Notice of Holation. Any person who fails to comply with any
notice of violation or other order issued pursuant to this section by the Commissioner or a
designee for a violation of any provision of this section shall be fined one hundred dollars($100)
per violation per day___Each-dais_failure-to-comply--wAth-a-noticeof-violation or any-other order
shall constitute a separate violation:
9-1410 Enforcement.
a. Enforcer:ent by City. The provisions of this section maybe enforced in accordance with
the noncriminal disposition process of M.G.L. c. 40,s. 21 D,and, if applicable,by seeking to
restrain a violation by injunction. The provisions of this section may also be enforced according
to M.G.L. Chapter 40U as accepted by the City of Boston, also known as the"Green Ticket"
law.
b. Enforcement by Booking Agent The Commissioner shall enter into agreements with
Booking Agents for assistance in enforcing the provisions of this section,including but not
limited to an agreement whereby the Booking Agent agrees to remove a listing from its platform
for exceeding the maximum number of days a Residential Unit may be offered as a Short-Term
Rental,whereby the Booking Agent agrees to remove a listing from its platform that is deemed
ineligible for use as a Short-Term Rental under the provisions of this Ordinance, and whereby
the Booking Agent agrees to prohibit a host from listing any listing without a valid registration
number from the City.
Any Booking Agent that fails to enter into such agreements to actively prevent,remove
or de-list any ineligible listings shall be prohibited from conducting business in the City.
9-14.11 Data Sharing.
A Booking Agent shall provide to the City, on a monthly basis, an electronic report,in a format
determined by the City, in consultation with ISD, DoIT and DND,of the listings maintained,
authorized,facilitated or advertised by the Booking Agent within the City of Boston for the
applicable reporting period. The report shall include a breakdown of where the listings are
located, whether the listing is for a room or a whole unit, and shall include the number of nights
each unit was reported as occupied during the applicable reporting period.
9-14.12 Regulations.
The Commissioner,in consultation with DoIT and DND, may promulgate regulations to carry
out the provisions of this section.
SECTION 2.
In an effort to evaluate the effectiveness of the registration requirements delineated herein,the
Commissioner of ISD in consultation with DND and DoIT, shall annually prepare a report
— ---detaihng-tht�-otivities of-the-Sh-o iTern-i-Rental-Registry.—T-he-report-sha'1 beamed-with the
Office of the City Clerk no later than June 30 of each calendar year, beginning June 30th 2019.
The Clerk shall forward the report to the Mayor and shall docket the report and include the
docket on the agenda of the next occurring meeting of the Boston City Council. The report shall
estimate the impact of 9-14.5 subsection(d)on the number of units removed from the long-term
housing stock,the number of evictions caused by such conversions from long-term housing to
short-term rentals, the increase in home prices and rents in the relevant categories of owner-
occupied two- and three-family homes, the differential between annual short-term rental revenue
and annual long-term rental revenue in an owner-adjacent unit, and future projections of these
impacts.Said report shall, to the extent practicable,disaggregate information by neighborhood
and any other relevant categories.
SECTION 3. The provisions of this section shall take effect on January 1, 2019.
a. Sunset Period for Existing Units Contracted for Short-Term Rentals.
Residential Units with executed leases for Short-Term Rentals as of June 1, 2018 and that are
not on the Ineligible Units List defined by Section 9-14.4A above may continue to operate
until the completion of the lease term or until September 1,2019, whichever date is first.
Filed in City Council: June 13, 2018 J UN 13 2018
city "' ficil---- --
Passed;�,e it 'C,a d►,eyta