What is the Boston Short-Term Rental Ordinance?
The Boston Short-Term Rental Ordinance, officially Chapter 8, § 8-8 of the City of Boston Code, regulates the short-term rental market to protect the city's housing stock for long-term residents. It defines a short-term rental as a stay of 28 days or fewer and mandates that only owner-occupants or tenants in their primary residence can operate them.
The ordinance prohibits the rental of investment properties and secondary homes. It also established a public registry for all STR units and requires hosts to renew their registration annually.
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How it works
To operate a short-term rental in Boston, a host must first verify their eligibility, confirming the property is their primary residence. The ordinance classifies eligible units into three types: Home Share (renting a room while present), Limited Share (renting the entire home while absent, capped at 90 nights/year), and Owner-Adjacent (renting a full unit in a 2- or 3-family building where the owner resides).
The host must then apply to the city for a registration number. This number must be prominently displayed on every online listing for the property on platforms like Airbnb, Vrbo, and others.
Booking platforms are required to share data with the city and remove any listings that lack a valid registration number.
Why it matters
This ordinance fundamentally changes who can participate in Boston's short-term rental market. It effectively eliminates the ability for non-resident investors to operate properties solely for STR purposes.
For eligible hosts, compliance is non-negotiable; operating without a valid and displayed registration number can lead to significant daily fines and removal from booking platforms. Understanding these regulations is crucial for any property owner or manager wishing to legally offer short-term stays in Boston.
Examples
- A tenant in South Boston rents out their spare bedroom to tourists while they are present in the apartment. This qualifies as a "Home Share" and is allowed, provided they have their landlord's permission and have successfully registered the unit with the city.
- A homeowner in the North End who lives in their two-family home is prohibited from renting out the second, separate apartment as a short-term rental because it is not their primary residence unit.
- A condo owner in Back Bay lists their entire primary residence on a booking platform for various weekends when they travel for work. This is a "Limited Share" rental and is permissible as long as they register with the city and do not exceed the 90-night annual rental cap.
- An investor purchases a studio apartment in Beacon Hill with the sole intention of using it as a full-time Airbnb. This is illegal under the ordinance, as the property is not the owner's primary residence.
Frequently asked questions
Can I rent out a second home I own in Boston as a short-term rental?+
What happens if I don't register my short-term rental in Boston?+
Are there limits on how many nights I can rent my primary residence in Boston?+
Do I need to collect special taxes for my Boston short-term rental?+
Related terms
Short-Term Rental Registration Number
A short-term rental registration number is a unique code issued by a local government authority that legally permits a property to operate as a vacation rental…
Transient Occupancy Tax (TOT)
Transient Occupancy Tax (TOT) is a tax levied by local or state governments on the rental of short-term accommodations, such as vacation rentals, hotels, and…
Zoning Laws
Zoning laws are municipal or county regulations that dictate how property in specific geographic zones can be used, which directly impacts the legality and…
New York Local Law 18
New York Local Law 18, also known as the Short-Term Rental Registration Law, is a municipal regulation in New York City that requires hosts to register with…
