Residential Home Purchases Category Archives — Massachusetts Real Estate Lawyer Blog Published by Massachusetts Real Estate Attorneys — Pulgini & Norton, LLP Attorneys at Law | Published by Massachusetts Real Estate Attorneys — Pulgini & Norton, LLP Attorneys at Law

Click here to check Short-Term Rental Eligibility

Boston's ordinance on short-term rentals is designed to incorporate the growth of the home-share industry into the City's work to create affordable housing for all residents. We want to preserve housing for residents while allowing Bostonians to benefit from this new industry. Starting on on January 1, 2019, short-term rentals in Boston will need to register with the City of Boston.

Eligibility for every unit in the City of Boston is dependant on the following six criteria:

• No affordability covenant restrictions
• Compliance with housing laws and codes
• No violations of laws regarding short-term rental use
• Owner occupied
• Two- or three-family dwelling
• Residential use classification

The Short-Term Rental Eligibility Dataset leverages information, wherever possible, about these criteria. For additional details and information about these criteria, please visit https://www.boston.gov/short-term-rentals.

ABOUT THIS DATASET

In June 2018, a citywide ordinance established new guidelines and regulations for short-term rentals in Boston. Registration opened January 1, 2019. The Short-Term Rental Eligibility Dataset was created to help residents, landlords, and City officials determine whether a property is eligible to be registered as a short-term rental.

The Short-Term Rental Eligibility Dataset currently joins data from the following datasets and is refreshed nightly:

• Live Street Address Management (SAM) Addresses.
• Assessing Online.
• Building and Property Violations
• Problem Properties
• Income-Restricted Properties
• STR Registration Data

HOW TO DETERMINE ELIGIBILITY FOR SHORT-TERM RENTAL REGISTRATION

1. ** Open** the Short-Term Rental Eligibility Dataset. In the dataset's search bar, enter the address of the property you are seeking to register.

2. Find the row containing the correct address and unit of the property you are seeking. This is the information we have for your unit.

3. Look at the columns marked as “Home-Share Eligible,” “Limited-Share Eligible,” and “Owner-Adjacent Eligible.”

   • A “yes” under any of these columns means your unit IS eligible for registration under that short-term rental type. Click here for a description of short-term rental types.
   • A “no” under any of these columns means your unit is NOT eligible for registration under that short-term rental type. Click here for a description of short-term rental types.

4. If your unit has a “yes” under “Home-Share Eligible,” “Limited-Share Eligible,” or “Owner-Adjacent Eligible,” you can register your unit here.

WHY IS MY UNIT LISTED AS “NOT ELIGIBLE”?

If you find that your unit is listed as NOT eligible, and you would like to understand more about why, you can use the Short-Term Rental Eligibility Dataset to learn more. The following columns measure each of the six eligibility criteria in the following ways:

1. No affordability covenant restrictions

   • A “yes” in the “Income Restricted” column tells you that the unit is marked as income restricted and is NOT eligible.
     
     
   • The “Income Restricted” column measures whether the unit is subject to an affordability covenant, as reported by the Department of Neighborhood Development and/or the Boston Planning and Development Agency.
     
     
   • For questions about affordability covenants, contact the Department of Neighborhood Development.
     
     

2. Compliance with housing laws and codes

   • A “yes” in the “Problem Properties” column tells you that this unit is considered a “Problem Property” by the Problem Properties Task Force and is NOT eligible.
     
     
   • Learn more about how “Problem Properties” are defined here.
     
     
   • A “yes” in the “Problem Property Owner” column tells you that the owner of this unit also owns a “Problem Property,” as reported by the Problem Properties Task Force.
     
     
   • Owners with any properties designated as a Problem Property are NOT eligible.
     
     
   • No unit owned by the owner of a “Problem Property” may register a short-term rental.
     
     
   • Learn more about how “Problem Properties” are defined here.
     
     
   • The “Open Violation Count” column tells you how many open violations the unit has. Units with any open violations are NOT eligible. Violations counted include: violations of the sanitary, building, zoning, and fire code; stop work orders; and abatement orders.
     
     
   • NOTE: Violations written before 1/1/19 that are still open will make a unit NOT eligible until these violations are resolved.
     
     
   • If your unit has an open violation, visit these links to appeal your violation(s) or pay your code violation fine(s).
     
     
   • The “Violations in the Last 6 Months” column tells you how many violations the unit has received in the last six months. Units with three or more violations, whether open or closed, are NOT eligible.
     
     
   • NOTE: Only violations written on or after 1/1/19 will count against this criteria.
     
     
   • If your unit has an open violation, visit these links to appeal your violation(s) or pay your code violation fine(s).
     
     
   • How to comply with housing laws and codes:
     
     
   • Have an open violation? Visit these links to appeal your violation(s) or pay your code violation fine(s).
     
     
   • Have questions about problem properties? Visit Neighborhood Service’s Problem Properties site.
     
     

3. No violations of laws regarding short-term rental use

   • A “yes” in the “Legally Restricted” column tells you that there is a complaint against the unit that finds

     • A legal restriction that prohibits the use of the unit as a Short-Term Rental under local, state, or federal law, OR

     • legal restriction that prohibits the use of the unit as a Short-Term Rental under condominium bylaws.

     • Units with legal restrictions found upon investigation are NOT eligible.
       
       

     • If the investigation of a complaint against the unit yields restrictions of the nature detailed above, we will mark the unit with a “yes” in this column. Until such complaint-based investigations begin, all units are marked with “no.”
       
       

     • NOTE: Currently no units have a “legally restricted” designation.
       
       

4. Owner-occupied

   • A “no” in the “Unit Owner-Occupied” column tells you that there is NO Residential Tax Exemption filed for that unit via the Assessing Department, and that unit is automatically categorized as NOT eligible for the following Short-Term Rental types:

     • Home-Share
     • Limited-Share
       
       
     • Residential Tax Exemption indicates that a unit is owner-occupied and generates a “yes” in the “Unit Owner-Occupied” column.
       
       

     • Owners are not required to file a Residential Tax Exemption in order to be eligible to register a unit as a Short-Term Rental.
       
       

     • If you would like to apply for Residential Tax Exemption, you can apply here.
       
       

     • If you are the owner-occupant of a unit and you have not filed for Residential Tax Exemption, you can still register your unit by proving owner-occupancy.
       

     • It is recommended that you submit proof of residency in your short-term rental registration application to expedite the process of proving owner-occupancy (see