Short-Term Rental Law Takes Effect July 1st

aribnbGovernor Baker recently signed “An Act Regulating and Insuring Short-Term Rentals”, imposing new taxes, registration and inspection requirements, and other rules governing the short-term rental of homes and residential units through Airbnb, VRBO, and similar platforms.

Overview:

The new law (Chapter 337 of the Acts of 2018) takes effect July 1, 2019, and applies to rentals for not more than 31 consecutive days.  The highlights of the law are as follows:

  • State excise tax of 5%, plus a .7% surtax on the total amount of rent.
  • Optional local excise tax of up to 6% (additional amounts in Boston and the Cape & Islands).
  • Optional local impact fee of up to 3% on certain units (up to 35% of revenue from the fee must be dedicated to affordable housing or local infrastructure projects).
  • Mandatory state-wide registration system.
  • Optional local registration programs and inspection requirements.
  • Mandatory insurance requirements.
  • Operators renting for 14 days or less each year are exempt from excise taxes and impact fees, but are subject to registration, inspection, insurance, and other requirements.

Local Regulations:

While all short-term rental operators must comply with the new state regulations, local requirements will vary town by town. Communities may impose additional local taxes and fees, but are not required to do so. However, the local tax automatically applies to short-term rentals as of July 1 in communities that previously adopted a room occupancy tax. Not sure of your community’s status? Check the Department of Revenue’s database.

In addition to taxes and fees, the new law provides specific authorization for local bylaws and ordinances to regulate short-term rentals with respect to:

  • Regulating the existence and location of short-term rentals, including the number of local licenses or permits that may be issued to operators and the number of days a person may operate and rent out an accommodation in a calendar year.
  • Establishing a local licensing or registration system.
  • Requiring zoning and code compliance for any short-term rental.
  • Requiring health and safety inspections and inspectional fees.
  • Imposing penalties for violations of local requirements.

About Brian Falk

Brian is an attorney in Mirick O'Connell's Land Use and Environmental Law Group. In his municipal practice, he counsels towns and cities in all areas of municipal law. He also represents private clients in land use permitting matters and real estate transactions. Brian lives in Milford with his wife and three sons.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s