Short-term rentals in Quincy, explained properly.

These limits are in the Sec. 196-14(B) definitions of home share unit and limited share unit. A dwelling unit or bedroom offered must comply with building code occupancy requirements and carry no outstanding health, zoning or fire code violations (Sec. 196-14(F)(2)(c)).

Sec. 196-14(F)(2)(d) and (e). A limited share unit is rented while the operator is present, and the operator reserves one bedroom.

Sec. 196-14(D)(2). Units where a federal, state or local law bars leasing, subleasing or short-term rental use are also ineligible (Sec. 196-14(D)(3)).

Sec. 196-14(D)(3) and (4). Repeated violations can also lead the DIS to bar an operator from registering properties; the bar can be appealed for good cause to the DIS Director (Sec. 196-14(F)(1)(c)).

Sec. 196-14(F)(1)(e).

Sec. 196-14(F)(2)(b). The Massachusetts layer on this page covers the state insurance rule.

Sec. 196-14(F)(2)(g). The operator provides their own name and telephone number as well, at the time of registration.

Sec. 196-14(F)(2)(j) applies to every short-term residential unit.

Sec. 196-14(F)(2)(i)[2]. The text reads "at least 30 days prior to of registration"; we repeat its meaning as written and have not confirmed how the DIS applies the timing.

Sec. 196-14(F)(2)(i)[1]; the sign also covers the dwelling where applicable.

Sec. 196-14(F)(2)(f).

Sec. 196-14(F)(2)(h).

Sec. 196-14(G)(1) sets the fine for booking agents and Sec. 196-14(J) allows the excise-collection agreement. A short-term rental may or may not be arranged through a booking agent (Sec. 196-14(B)).

Sec. 196-14(J) and (K) are conditioned on the City accepting M.G.L. c. 64G, section 3A and, by separate votes, section 3D. If the operator does not use a booking agent, the operator collects and remits the state excise. The State excise is shown in the Massachusetts section of this page. This page does not combine the state, local and impact-fee rates into one total.

Sec. 196-14(I). Section 196-14 was added on March 15, 2021 by Order No. 2020-125. The registration is annual (Sec. 196-14(F)(1)(b)).

Sec. 196-14(F)(1)(c) lets the DIS Director waive the unregistered-property fine for mistake or excusable neglect; an operator who does not pay cannot offer the property until it is paid, and repeated violations can bar registration. Sec. 196-14(G) makes each day's failure to comply a separate violation, and the Director may seek a court injunction. Sec. 196-14(H) allows enforcement through the noncriminal disposition process in M.G.L. c. 40, section 21D.

Sec. 196-14(L). The hearing is held within 21 days of the request and the Director decides within seven days after it ends. Filing the request pauses the time to fix the violation until the decision. Notice is served by certified mail and first-class mail to the address in the registry.

Chapter 64G section 3 imposes an excise of 5 per cent of the total amount of rent for each occupancy of a short-term rental, with no excise if the total rent is less than $15 per day, payable by the operator to the commissioner of revenue when the operator files the return under chapter 62C section 16. No excises or fees under the chapter apply if the operator transfers the short-term rental for not more than 14 days in a calendar year, but only if the operator first registered with the commissioner and filed a signed declaration (required annually) of the intent to do so; an operator who transfers it for 15 days or more, or who does not register and file the declaration, owes the excise and fees, including on the first 14 days. Section 3A lets a city or town that accepts it by vote impose a local excise of not more than 6 per cent of the rent (Boston, 6.5 per cent), which the operator pays to the commissioner together with the State excise. Section 3D lets a city or town that accepted section 3A impose, by separate vote, a community impact fee of not more than 3 per cent of the rent on professionally managed units, and by a further vote on units in a two- or three-family dwelling that includes the operator's primary residence, with at least 35 per cent of the proceeds dedicated to affordable housing or local infrastructure. Section 3C adds a 2.75 per cent excise in municipalities that belong to the Cape Cod and Islands Water Protection Fund. Under section 14 of the 2018 act, sections 3, 3A, 3C and 3D apply to occupancies that start on or after July 1, 2019 under contracts entered on or after January 1, 2019. Which cities and towns have accepted the local options is shown on each place's page where official sources show it. This page does not combine these rates into one total.

Section 6 of chapter 64G, as enacted by chapter 337 of the Acts of 2018 (approved December 28, 2018), says a person shall not operate a bed and breakfast establishment, hotel, lodging house, short-term rental or motel unless a certificate of registration has been issued under section 67 of chapter 62C. The chapter defines a short-term rental as an owner-occupied, tenant-occupied or non-owner occupied property, including an apartment, house, cottage or condominium, where at least one room or unit is rented to an occupant and all accommodations are reserved in advance, and counts occupancy of a room in a short-term rental normally used for sleeping and living purposes for not more than 31 consecutive calendar days. An operator who transfers the rental for not more than 14 days in a calendar year must still register and file an annual declaration to qualify for the excise exemption. An intermediary that collects rent for an operator must obtain the certificate in the operator's name. A city or town may accept the State certificate in place of a local license or registration. We haven't reviewed the text of chapter 62C section 67 yet.

Chapter 175 section 4F(b) requires an operator to maintain liability insurance of not less than $1,000,000 to cover each short-term rental, unless the rental is offered through a hosting platform that maintains equal or greater coverage. The coverage must defend and indemnify the operator and any tenants or owners in the building for bodily injury and property damage arising from the short-term rental. A hosting platform must tell the operator, before the operator offers a rental through it, that standard homeowners or renters insurance may not cover third-party property damage or bodily injury. An operator who intends to run a short-term rental must notify any insurer that writes a homeowners or renters policy for the property.

Section 14 of chapter 64G, as enacted by chapter 337 of the Acts of 2018, lets a city or town by ordinance or by-law regulate operators registered with the Department of Revenue and impose penalties. Among the listed powers, it may regulate the existence or location of operators, the class of operators, the number of local licenses or permits and the number of days a person may operate and rent out an accommodation in a calendar year; require licensing or registration (accepting the State certificate in its place, or issuing a provisional license for temporary or seasonal use); require operators to show there is no outstanding building, fire, health or zoning enforcement; require health and safety inspections at the operator's cost; set a civil penalty (telling the commissioner of revenue when it suspends or ends an operator's right to operate); and set a reasonable fee for local administration. Operators must also post inside the unit the location of fire extinguishers, gas shut-off valves, fire exits and fire alarms. A city or town may publish a public registry of registered short-term rentals. The sources reviewed are the 2018 act as passed and individual codified sections; we haven't reviewed the current codified text of section 14 or any Massachusetts agency pages.

Section 15 of chapter 64G, as enacted by chapter 337 of the Acts of 2018, says nothing in the chapter confers a right to lease, sublease or otherwise offer a residential unit as a short-term rental where that use is prohibited by a homeowner's association agreement or requirements, a rental agreement or any other restriction, covenant, requirement or enforceable agreement. Section 16 adds that for residential units subject to rent control, operators of short-term rentals shall charge not more than the prorated maximum amount allowed.

Section 13(a) of chapter 64G, as enacted by chapter 337 of the Acts of 2018, lets an operator elect, by written agreement, to allow an intermediary to collect rent or facilitate its collection or payment. The chapter defines an intermediary to include a hosting platform and an operator's agent. An intermediary with such an agreement must apply for and obtain a certificate of registration from the commissioner on the operator's behalf, assess, collect, report and remit the excise, remit any community impact fee to the municipality, keep records, and make sure the operator is registered before allowing the operator to list a rental through it. The certificate must be in the name of the individual operator, not the intermediary. Check with the platform and the Department of Revenue to confirm whether a platform collects the excise for you.