[HISTORY: Adopted by the City Council of the City of Springfield 10-5-2020. Amendments
noted where applicable.]
In accordance with Chapter 337 of the Acts of 2018, this chapter
"short-term rentals" has been enacted by City of Springfield for the
purpose of establishing clear and comprehensive regulations through
which certain dwelling units within the City may be utilized as so-called
"short-term rental" units. This chapter was created and approved in
the best interest of the public, and furthers public safety by allowing
for the safe and reasonably regulated operation of such rentals for
Springfield residents, and by protecting the safety of renters and
residents alike. This chapter ensures that the primary use of such
rentals remains residential, and further seeks to protect against
and eliminate safety concerns or detriments to the surrounding residential
neighborhood that may be created by said short-term rentals, including
but not limited to preventing the saturation of said rentals within
City neighborhoods, and the preserving of neighborhood character.
This chapter provides a process through which said short-term rental
units may be registered with the City of Springfield under the stipulations
set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity that facilitates reservations of or
collects payment for a short-term rental on behalf of or for an operator
for a fee.
The City of Springfield's Code Enforcement Director
and Building Commissioner.
The Director of the Office of Housing or his or her designee.
A residential unit offered as a short-term rental that is
the operator's primary residence.
A residential unit that is the operator's primary residence,
a portion of which is offered as a short-term rental while the operator
is present. One bedroom must be reserved for the operator.
Any natural person who: (i) is the owner of a residential
unit, (ii) is an owner of a corporation, limited liability company,
partnership, limited partnership, limited liability partnership, or
any other entity that owns a residential unit, or (iii) is the beneficiary
or trustee of a trust or similar instrument which owns a residential
units and that seeks to offer said residential unit as a short-term
rental. Only one owner is allowed to register as an operator under
this chapter, and it shall be unlawful for any other person, even
if that person is an owner and meets the qualifications of a primary
resident, to offer a residential unit for short-term residential rental.
A residential unit offered as a short-term rental that is
not the owner's primary residence, but that is located within
the same dwelling as the primary residence of, and is owned by, said
owner; provided that owner-adjacent units used as short-term rentals
shall only be allowed in two-family or three-family dwellings, where
all units are owned by the same unique owner-occupant, who serves
as the operator; provided further that, for the purposed of owner-occupied
three-family residential dwellings, in addition to the unit in which
they reside and use as a home share or limited share unit, an operator
or an owner of an owner-adjacent unit may only register and use one
owner-adjacent unit as a short-term rental.
A residential unit in which an operator resides for at least
nine months out of a twelve-month period. Primary residence shall
be demonstrated by showing that as of the date of the registration
of the residential unit with City as a short-term rental, the operator
has resided in said residential unit for nine of the past 12 months
or that the operator intends to reside in the residential unit for
nine of the next 12 months, in accordance with the proof of primary
residence requirements set forth below.
A copy of a driver's license or state-issued identification,
as well as one other document showing residency at the residential
unit for the short-term rental (e.g., utility bill, cable bill, or
motor vehicle registration).
An identification number assigned to a single residential
unit registered as a short-term rental. Said numbers shall be valid
for the calendar year during which they were assigned (January 1 through
December 31), and shall be associated with both a single residential
unit and a single operator. The residential number must be included
on any listing or advertisement offering the unit as a short-term
rental.
A dwelling unit within a dwelling classified under the Building
Code ("Code") as residential use, as those terms are defined in the
Code, but excluding: a congregate living complex, elderly housing,
group residence, homeless shelter, orphanage, temporary dwelling structure,
and transitional housing. This term shall not include a hotel, motel
or any other nonresidential use.
The use of a residential unit for residential occupancy by
a person or persons for a period of fewer than 31 consecutive calendar
days, in exchange for a fee, compensation, or payment of any kind.
Such a rental may or may not be facilitated through the use of a booking
agent. Such a rental not include or impact month-to-month leases or
tenancies at will.
No residential unit shall be offered as a short-term rental
except in compliance with each of the provisions of this chapter.
The regulations set forth in this chapter shall apply to all short-term
rentals in all zones.
A.
The following residential units are not eligible to be offered as
short-term rentals:
(1)
Residential units designated as below-market-rate or income-restricted,
which are subject to affordability covenants, or that are otherwise
subject to housing or rental assistance under local, state, or federal
law;
(2)
Residential units subject to any requirement of local, state, or
federal law that prohibits the leasing or subleasing of the unit or
use of the unit as a short-term rental;
(3)
Residential units that have been designated as a public nuisance
by the City of Springfield Code Enforcement Department, or properties
owned by property owners that own any property that is currently designated
as a public nuisance, as defined in the Massachusetts State Sanitary
Code;
(4)
Residential units that are the subject of three or more findings
of violations of this section within a six-month period, or three
or more violations of any municipal ordinance or state law or code
relating to excessive noise, improper disposal of trash, disorderly
conduct, or other similar conduct within a six-month period;
B.
The following residential units are not subject to certain provisions
of this chapter:
(1)
Currently licensed lodging houses.
(2)
Existing bed-and-breakfasts.
(3)
Residential units contracted for hospital stays (i.e., where the
use of a dwelling unit or portion thereof is under an existing contract
between the owner of the dwelling unit and a health-care facility
or government entity or nonprofit organization registered as a charitable
organization with the Secretary of the Commonwealth of Massachusetts
or classified by the Internal Revenue Service as a public charity
or private foundation that provides for the temporary housing in such
unit of individuals who are being treated for trauma, injury, or disease,
or their family members) shall not be considered a short-term rental.
A.
Residential units offered as a short-term rental shall either be
home share units, limited share units, or owner-adjacent units, as
defined within this chapter.
B.
One party of renters. A residential unit offered as a short-term
rental shall be rented to only one party of short-term renters at
a time, not rented as separate bedrooms, beds, or spaces to separate
parties.
C.
Number of short-term renters. A residential unit offered as a short-term
rental shall be limited to eight guests total, or two guests per guest
bedroom total, whichever is fewer. No more than four bedrooms at a
time may be offered as a short-term rental.
D.
A residential unit offered as a short-term rental shall comply with
all standards and regulations promulgated by the City of Springfield's
Office of Housing and Code Enforcement Department.
E.
Short-term rental of a shared residential unit. An operator may offer
bedrooms within their residential unit as a short-term rental 365
days per year. One bedroom in the unit shall be reserved for, and
occupied by, the operator during the entire term of the rental.
F.
Short-term rental of an unoccupied residential unit. Short-term rentals
shall not exceed, in the aggregate, 90 consecutive or nonconsecutive
calendar days per year, when the operator is not occupying the residential
unit during the entire term of the short-term rental.
G.
Rental period and use. Renting for an hourly rate, or for rental
durations of fewer than 10 consecutive hours shall not be permitted.
Commercial meetings and uses are prohibited in short-term rentals.
H.
No outstanding violations. The residential unit offered as a short-term
rental shall not have 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 short-term rental. If a violation
or other order is issued, upon notice of said violation or order short-term
rental use shall be terminated until the violation has been cured
or otherwise resolved.
I.
Three or more violations in a six-month period. Should a property
receive three or more violations within a six-month period under this
section, or of any municipal ordinance, state law, or building code,
any residential unit within the property shall be ineligible to be
used as a short-term rental for a period of six months from the third
or subsequent violation.
J.
Compliance and interaction with other laws. Operators shall comply
with all applicable federal, state, and local laws and codes, including
but not limited to the Fair Housing Act, MGL c. 151B and local equivalents
and regulations related thereto, and all other regulations applicable
to residential dwellings. Operators shall certify at the time of registration
that the operator is the owner of the residential unit offered as
a short-term rental.
K.
Retention of records. The operator shall retain and make available
to the City, upon written request, records to demonstrate compliance
with this section, including but not limited to: records demonstrating
the number of months that the operator has resided or will reside
in residential unit, if applicable; records showing consent of the
owner of the residential unit to the residential unit's use as
a short-term rental, if applicable; and records demonstrating number
of days per year that the residential unit is offered as a short-term
rental. The operator shall retain such records for as long as he or
she desires to use the residential unit as a short-term rental.
L.
Notifications. The operator shall post and maintain a sign on the
inside of the short-term rental on the entry level, visible to and
reasonably likely to be readily accessed by individuals utilizing
the short-term rental, with the following information:
(1)
Instructions for the disposal of waste per the City's recycling
and trash programs;
(2)
Information regarding the City's parking regulations, including
but not limited to visitor parking passes, street sweeping, and snow
emergencies;
(3)
The local noise ordinances of the City;
(4)
Contact information for the operator, or when the operator is not
present, the contact information for a locally available contact designated
and authorized to respond to all emergencies and problems that may
arise during the rental period. Contact information, including for
the operator and a local contact, shall be provided to the City along
with the application for registration.
(5)
In each bedroom, the operator shall post a laminated egress plan
showing a red lined path to locations of exits.
M.
Parking requirements. Prior to a permit being issued by the City
of Springfield, the operator must submit to the Planning Department
a plan detailing parking instructions for guests of any short-term
rental. This plan must be approved by the Planning Department.
Additionally, the operator shall, within 30 days of approved
registration, provide notice to abutters of a residential unit (any
residential dwelling located within 300 feet of said residential unit)
that the residential unit has been registered as a short-term rental.
A.
Registration process. All residential units utilized as short-term
rentals shall be required to register with the City of Springfield's
Code Enforcement Department prior to commencing said use. A registration
shall be valid for a one-year term, from January 1 through December
31 of each year, or for such alternative twelve-month period as the
Commissioner shall determine. An operator shall provide information
in its application, including: operator name, address of residential
unit, operator's relationship to the unit, local contact information,
dwelling floor plan showing size of bedrooms, ceiling heights, location
and size of bedroom windows, clear opening per emergency escape, Building
Code requirements, location and size of means of egress doors, bathroom
locations, size and fixtures, proposed number of occupants/beds per
room, and other information as required by the City. The operator
shall also certify that he or she and the residential unit comply
with the requirements of this section. An operator who successfully
registers his or her residential unit as a short-term rental shall
be issued a registration number.
The City shall establish, maintain, and regularly update a database
of registered properties through its Code Enforcement Department.
To the extent allowable by law, any personal information included
in the City's database created hereunder, which constitutes intimate
details of a personal nature, shall be deemed confidential and exempt
from public disclosure in accordance with Massachusetts Public Records
Law.
The City of Springfield reserves the right, in furtherance of
the stated purposes and goals of this chapter, to limit the number
of registrations it will accept within the City limits, within a specific
neighborhood, or within a reasonable radius of any currently registered
short-term rental, within a given calendar year. The City Council,
receiving recommendations from the Commissioner and the Chief Development
Officer of the City, and in consultation with the Mayor, shall establish
and from time to time amend the number of registrations that the City
will allow for approval under this chapter, whether delineated by
neighborhood, radius or otherwise, and shall include that information
within applications for short-term rentals.
Upon submission of an application under this chapter, and on
an on-going basis as necessary, registration information shall be
compared to information managed and maintained by City and State Departments,
in order to efficiently and effectively verify compliance with the
provisions of this chapter.
B.
As part of the registration process under this chapter, the City
of Springfield Code Enforcement Department shall inspect the residential
unit being proposed for registration as a short-term rental. Such
inspection shall ensure the unit meets minimum standards for human
habitation. Additionally, the City shall perform annual inspections
for registered short-term rentals at or around the time of renewal.
Through submission of an application for registration under this chapter,
owners are providing consent to allow reasonable and timely access
to said unit(s) for said inspections. It shall be unlawful to operate
a short-term rental without a functioning smoke detector, carbon monoxide
detector, and fire extinguisher on the licensed premises, in each
bedroom and common area.
C.
Fees. Operators shall be responsible for paying an application fee
of $200 per application under this chapter (due upon submission of
the application), and upon successful registration, operators shall
be responsible for paying an annual registration fee of $100 (due
on January 2 of each calendar year).
D.
Re-registration upon unit turnover. A registration under this chapter
shall be tied to both the residential unit and the operator, and will
not automatically transfer upon the sale of the unit. New operators
are responsible for ensuring that they re-register with the City's
Office of Housing to obtain a new registration number if they wish
to continue to utilize the residential unit as a short-term rental.
E.
Amending registration upon change in primary residence. If an operator
offering a registered residential unit as a short-term rental ceases
to be a primary resident of the unit, the operator shall immediately
notify the City's Office of Housing, and shall immediately cease
using the residential unit as a short-term rental.
F.
Room occupancy excise. A residential unit subject to the provisions
of this chapter that is also subject to the room occupancy excise
under MGL c. 64G or any other excise or surcharge pertaining to short-term
rentals or transient occupancy shall comply with the provisions of
said statutes.
A.
Penalties.
(1)
Offering an ineligible unit as a short-term rental. Any person who
offers a unit as a short-term rental, or any booking agent who accepts
a fee for booking a unit as a short-term rental, where such unit is
not an eligible residential unit, shall be fined $300 per violation,
per day. Each day's failure to comply with a notice of violation
or any other order shall constitute a separate violation. The Commissioner,
the Director, or a designee may also seek an injunction from a court
of competent jurisdiction prohibiting the offering of the unit as
a short-term rental.
(2)
Failure
to register. Any person who offers an eligible residential unit as
a short-term rental without registering with the City under this chapter,
or any person who offers an eligible residential unit as a short-term
rental while the unit's registration is suspended under this
chapter, shall be fined $300 per violation per day. Each day's
failure to comply with a notice of violation or any other order shall
constitute a separate violation.
(3)
Failure
to comply with notice of violation. Any person who fails to comply
with any notice of violation or other order issued pursuant to this
section by the Director, the Commissioner, or a designee for a violation
of any provision of this section shall be fined $300 per violation
per day. Each day's failure to comply with a notice of violation
or any other order shall constitute a separate violation.
B.
Enforcement.
(1)
Enforcement by the City. All violations of this chapter may be penalized
by a noncriminal disposition as provided for in MGL c. 40, § 21D.
All violations of this chapter are subject to penalty in accordance
with the ordinances of City of Springfield, as amended. The provisions
of this chapter may also be enforced according to Massachusetts Session
Laws Acts of 2008 Chapter 106. Nothing herein shall be construed to
preclude the City from seeking any additional penalties or taking
any additional enforcement action as allowed for by color of law.
(2)
Enforcement by booking agent. The City shall enter into agreements
with booking agents for assistance in enforcing the provisions of
this section, including but not limited to an agreement whereby the
booking agent agrees to remove a listing from its platform for exceeding
the maximum number of days a residential unit may be offered as a
short-term rental, whereby the booking agent agrees to remove a listing
from its platform that is deemed ineligible for use as a short-term
rental under the provisions of this chapter, and whereby the booking
agent agrees to prohibit a host from listing any listing without a
valid registration number from the City. Any booking agent that fails
to enter into such agreements to actively prevent, remove or de-list
any ineligible listings shall be prohibited from conducting business
in the City, at the City's sole discretion.
The Commissioner shall have the authority to promulgate regulations
to carry out the provisions of this chapter.
If any provision in this chapter shall be held to be invalid
by a court of competent jurisdiction, then such provision shall be
considered separately and apart from the remaining provisions, which
shall remain in full force and effect.
The provisions of this chapter shall take effect nine months
from date of passage.
