Registration and regulation of short term rentals such as Airbnb units is being recommended by the City Council’s Legislative Matters Committee.

By Jim Clark

Correction: We regret that there were some significant inaccuracies in the May 22 page 1 article Short term rental ordinance set for recommendation to the City Council.” The article was based on an earlier draft of the ordinance. The short term rental ordinance did pass the City Council on May 23. That version can be found at www.somervillema.gov/strs

A final draft of an ordinance that would require the registration of short term rental properties was submitted to the City Council’s Legislative Matters Committee by the City Solicitor at the Committee’s latest meeting on May 16, 2019.

The ordinance, which focuses largely on Airbnb-type short term rentals (STRs), has been a work in progress since late last year. Following several meetings between the Committee and the City Solicitor’s office, the final draft was delivered to the Committee and is scheduled to be recommended to the full City Council.

The targeted date for implementation of the ordinance has been tentatively set for January 1, 2020, pending approval of the full Council.

Significant features of the ordinance include:

Specific requirements for the operation of STRs, such as registration with the Inspectional Services Department (ISD) prior to operation.

The ordinance further specifies that an operator may offer a limited share unit as a STR 365 days per year. The rental is limited to ten guests, or two guests per bedroom, whichever is fewer. Additionally, one bedroom in the unit is to be reserved for, and occupied by, the operator during the entire term of the rental. The unit is to be rented to only one party of short-term renters at a time, not rented as separate bedrooms to separate parties.

In the case of a short-term rental of a home share unit, the rental will be limited to ten guests, or two guests per bedroom, whichever is fewer. The rental will not exceed 90 consecutive or nonconsecutive calendar days per year. Such a unit is to be rented to one party of short-term renters at a time, not rented as separate bedrooms to separate parties.

With short-term rentals of an owner-adjacent unit, an operator may offer his or her unit as a STR 365 days per year. Such a unit is to be rented to one party of short-term renters at a time, not rented as separate bedrooms to separate parties. Occupancy will be limited to ten guests, or two guests per bedroom, whichever is fewer.

According to the proposed ordinance, 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 STR:

The operator is the owner of the residential unit offered as a STR or the operator is a tenant of the residential unit offered as a STR and has obtained the written consent of the residential unit’s owner to offer the unit as a STR, and offering such a rental complies with all applicable leases and/or condominium documents, bylaws, or other governing documents.

Under the provisions of the ordinance, renting for an hourly rate, or for rental durations of fewer than ten consecutive hours will not be permitted. Commercial meetings and uses are prohibited in STRs.

Additionally, when registering, the operator must provide his or her name and contact information, and, in the event the operator is not present during the period of said 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, STR occupants, and public safety agencies. This phone number is to be included in the registration of the STR unit at the time of registration.

Also, the residential unit offered as a STR is not to 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 STR.

If a violation or other order is issued after the registration of the STR, upon notice of the violation or order the Director will suspend the residential unit’s registration until the violation has been cured or otherwise resolved.

Operators are required to comply with all applicable federal, state, and local laws and codes, including but not limited to the Fair Housing Act and related local equivalents and regulations, and all other regulations applicable to residential dwellings.

In addition, the operator is to retain and make available to ISD, upon written request, records to demonstrate their compliance, including but not limited to records demonstrating the number of months that the operator has resided or will reside in the residential unit, if applicable, as well as records showing consent of the owner of the residential unit to the unit’s use as a STR, if applicable, and records demonstrating the number of days per year that the residential unit is offered as a STR.

STR operators are also required to maintain liability insurance appropriate to cover the STR use.

The operator is required to include the registration number issued by ISD on any listing offering the residential unit as a STR.

The operator is also required to post a sign on the inside of the STR in a manner to be determined by the ISD, listing the following information:

1. Instructions for the disposal of waste per the city’s recycling and trash programs.
2. The local noise, trash and parking ordinances of the city.
3. The certificate of registration for the STR.
4. Contact information for the 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.

The full text of the draft ordinance is available online via the Committee meeting Webcast at http://somervillecityma.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=2928&Format=Agenda#