Short-Term Rental Eligibility

[**Click here to check Short-Term Rental Eligibility**](https://data.boston.gov/dataset/short-term-rental-eligibility/resource/83621b97-9a00-4aa7-bf43-28cae04969d4)  
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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](https://www.boston.gov/departments/inspectional-services/short-term-rentals).

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](https://www.boston.gov/departments/inspectional-services/short-term-rentals). 

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## 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](https://data.boston.gov/dataset/live-street-address-management-sam-addresses).  
* [Assessing Online](https://data.boston.gov/dataset/assessing-online).  
* [Building and Property Violations](https://data.boston.gov/dataset/building-and-property-violations1)   
* [Problem Properties](https://docs.google.com/spreadsheets/d/1V0ZOge7yxbaQmlcuiZX20Sy2Mykrm6cbGVdpjWC_TNY/edit#gid=0)  
* Income-Restricted Properties  
* STR Registration Data  

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## HOW TO DETERMINE ELIGIBILITY FOR SHORT-TERM RENTAL REGISTRATION

1. [** Open**](https://data.boston.gov/dataset/short-term-rental-eligibility/resource/83621b97-9a00-4aa7-bf43-28cae04969d4) 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.](https://www.boston.gov/departments/inspectional-services/short-term-rentals#unit-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.](https://www.boston.gov/departments/inspectional-services/short-term-rentals#unit-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](http://boston.gov/short-term-rentals).

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## 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.   
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    * 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.  
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    * For questions about **affordability covenants**, contact the [Department of Neighborhood Development.](https://www.boston.gov/departments/neighborhood-development)  
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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.  
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    * Learn more about how “Problem Properties” are defined [here.](https://www.boston.gov/departments/neighborhood-services/problem-properties-boston)  
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    * 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.  
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    * Owners with **any properties designated as a Problem Property** are NOT eligible.    
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    * No unit owned by the owner of a “Problem Property” may register a short-term rental.   
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    * Learn more about how “Problem Properties” are defined [__here.__](https://www.boston.gov/departments/neighborhood-services/problem-properties-boston)  
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    *  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.  
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    * NOTE: Violations **written before 1/1/19** that are **still open** will make a unit NOT eligible **until these violations are resolved**.  
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    * If your unit has an open violation, visit these links to [**appeal your violation(s)**](https://www.boston.gov/departments/public-works/how-appeal-code-violation) or [**pay your code violation fine(s)**](https://www.boston.gov/departments/public-works/how-pay-fine-code-violation).  
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    * 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.  
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    * NOTE: Only violations written **on or after 1/1/19** will count against this criteria.  
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    * If your unit has an open violation, visit these links to [**appeal your violation(s)**](https://www.boston.gov/departments/public-works/how-appeal-code-violation) or [**pay your code violation fine(s).**](https://www.boston.gov/departments/public-works/how-pay-fine-code-violation)  
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    * How to comply with housing laws and codes:  
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    * **Have an open violation?** Visit these links to [**appeal your violation(s)**](https://www.boston.gov/departments/public-works/how-appeal-code-violation) or [**pay your code violation fine(s)**](https://www.boston.gov/departments/public-works/how-pay-fine-code-violation).  
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    * **Have questions about problem properties?** Visit Neighborhood Service’s [Problem Properties](https://www.boston.gov/departments/neighborhood-services/problem-properties-boston) site.  
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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.  
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        * 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.”  
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        * NOTE: Currently no units have a “legally restricted” designation.  
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4. Owner-occupied

    * A **“no”** in the **“Unit Owner-Occupied”** column tells you that there is **NO [Residential Tax Exemption](https://www.boston.gov/departments/assessing/filing-property-tax-exemption#nav-1149644700) filed** for that unit via the Assessing Department, and that unit is automatically categorized as NOT eligible for the following [Short-Term Rental types](https://www.boston.gov/departments/inspectional-services/short-term-rentals#unit-types):

        * Home-Share  
        * Limited-Share  
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        * [Residential Tax Exemption](https://www.boston.gov/departments/assessing/filing-property-tax-exemption#nav-1149644700) **indicates** that a unit is owner-occupied and generates a “yes” in the “Unit Owner-Occupied” column.  
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        * Owners are **not required** to file a Residential Tax Exemption in order to be eligible to register a unit as a Short-Term Rental.  
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        * If you would like to apply for Residential Tax Exemption, you can [apply here](https://www.boston.gov/departments/assessing/how-file-residential-exemption).  
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        * 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. 
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        * It is recommended that you [submit proof of residency](https://www.boston.gov/departments/inspectional-services/short-term-rentals#unit-eligibility-criteria) in your short-term rental registration application to expedite the process of proving owner-occupancy (see “Primary Residence Evidence” section).
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    * **“Building Owner-Occupied”** measures whether the building has a single owner AND is owner occupied. A “no” in this column indicates that the unit is NOT eligible for an owner-adjacent short-term rental.  
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        * If you believe your building occupancy data is incorrect, please contact the [Assessing Department](https://www.boston.gov/departments/assessing).  
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5. Two- or three-family dwelling

    * The **“Units in Building”** column tells you how many units are in the building. Owner-Adjacent units are only allowed in two- to three-family buildings; therefore, **four or more** units in this column will mark the unit as NOT eligible for an Owner-Adjacent Short-Term Rental.

    * A **“no”** in the **“Building Single Owner”** column tells you that the owner of this unit **does not own the entire building** and is NOT eligible for an Owner-Adjacent Short-Term Rental.  
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        * If you believe your building occupancy data is incorrect, please contact the [Assessing Department](https://www.boston.gov/departments/assessing).  
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6. Residential use classification

    * The Short Term Rental Eligibility Dataset only displays units that are designated for residential use. Units designated for residential use will have one of the following [land use codes](https://www.cityofboston.gov/assessing/pdfs/land_use_codes.pdf):  

           * A  
           * CD  
           * RC  
           * R1  
           * R2  
           * R3  
           * R4  
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        * If you believe your building occupancy data is incorrect, please contact the [Assessing Department](https://www.boston.gov/departments/assessing).  
        
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Visit this site for more information on [**unit eligibility criteria**](https://www.boston.gov/departments/inspectional-services/short-term-rentals#unit-eligibility-criteria).

Tags: apartment, assessing, ordinance, properties, property, registration, rental, residents, short-term rental, unit, violations
Organization: Department of Innovation and Technology