ARTICLE
There are three upcoming hearings on Representative Michlewitz's bill regarding Short Term Rentals. These hearings span the state in order to allow local input on the issue. Please note that there is an impression by some members of the Legislature that this is only a Boston issue - and not a problem in the Berkshires, the Cape and Islands and everywhere else in the Commonwealth. So it would be very helpful if you could find the time to testify on the effects in your area, as we know that Airbnb is working hard to get people to testify against regulation at the hearings. The three hearings are as follows: Monday, June 5: 2:00PM Lenox Town Hall, 6 Walker Road, Lenox Monday, June 12: 3:00PM Barnstable Town Hall, 367 Main Street, Hyannis Tuesday, June 27: 10:30AM State House, Boston, MA Rep. Michlewitz's bill can be found here. We're hoping you'll testify on the need for parity in both taxation and REGULATION. For your reference, the section of the bill pertaining to regulation is below - it simply requires some basic public health and safety standards which any consumer should expect in a lodging situation. If you are able to attend and speak - particularly in Lenox this Monday - please email me immediately at psacco@masslodging.com. It's very important that we show the significance of this proposed law and our support of a change that includes both taxation AND REGULATION. We hope to see you at one of these hearings! (Language regarding regulation): Section 10. (a) Notwithstanding the restrictions set forth in this section, a Host may offer a residential unit as a Short-Term Residential Rental if: i. The Host complies with any and all applicable provisions of State and Federal law, as well as the relevant municipal code, including but not limited to the requirements of the Business and Tax Regulations Code by, among any other applicable requirements, collecting and remitting all required transient occupancy taxes, and the occupancy requirements of the relevant housing code; ii. The Host maintains liability insurance appropriate to cover the Short-Term Residential Rental Use in the aggregate of not less than $1,000,000 or conducts each Short-Term Residential Rental transaction through a Hosting Platform that provides equal or greater coverage. Such coverage shall defend and indemnify the host and, as named additional insured(s), any tenant(s) and owner(s) in the building for their bodily injury and property damage arising from the Short-Term Residential Use; iii. The Residential Unit is registered on the Short-Term Residential Rental Registry; iv. Residential Hosts shall maintain records that show said unit is their primary residence, and the number of days per calendar year the Residential Unit has been rented as a Short-Term Residential Rental, These records shall be provided to the Relevant City or Town. v. For units subject to rent control provisions, the Host shall comply with the initial rent limitation for subtenants and shall charge the Renter no more rent than the rent the host is paying to any landlord per month; and vi. The Host can demonstrate to the satisfaction of the Relevant City or Town that the Residential Unit and the property on which it is located is not subject to any outstanding building, electrical, plumbing, mechanical, fire, health, housing, police, or planning code enforcement, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices. vii. A Host offering a Residential Unit for Short-Term Residential Rental shall post a clearly printed sign inside his or her Residential Unit on the inside of the front door that provides information regarding the location of all fire extinguishers, gas shut off valves, fire exits, and pull fire alarms in the unit and building. viii. Offering a Residential Unit for Short-Term Residential Rental, including but not limited to advertising the Residential Unit's availability, while not maintaining good standing on the Registry shall constitute an unlawful conversion in violation of this Chapter and shall subject the person or entity offering the unit in such a manner to the administrative penalties and enforcement procedures, including civil penalties, of this Chapter.