Short-term rental for rental parties of no more than six renters
shall be permitted in the city of Revere at a residential property
that is owned by and contains the primary residence of the operator
as defined herein, for up to six months in a calendar year, properly
registered in accordance with the provisions herein. This chapter
provides the process for the regulation, legal operation, and registration
of certain short-term rentals in the city of Revere, to protect the
safety of renters and residents, ensure that the primary use remains
residential, and ensure that short-term rentals will not be a detriment
to the character and livability of the surrounding residential neighborhood.
(C.O. 21-211, § 1, 8/23/2021)
A.
The
provisions of this ordinance do not apply to the accommodation, for
a fee, of a bedroom or attached apartment contained within and accessible
through the operator's primary residence unit and is not accessed
exclusively through a separate entry.
B.
The
provisions of this ordinance do not apply to any month-to-month tenancy
at-will agreement between a landlord and a tenant.
C.
The
provisions of this ordinance do not alter or nullify any municipal
ordinance governing the construction, alteration, conversion, use,
and regulation of a lodging house, rooming house, or boardinghouse.
(C.O. 21-211, § 1, 8/23/2021)
A building or structure containing individually owned units
created and existing in compliance with M.G.L. ch. 183A.
A building or place of residence, classified for residential
use.
The owner of the residential unit that the owner seeks to
offer as a short-term rental. Only one owner may be registered as
an operator on the short-term rental registry for a residential unit.
In a residential dwelling containing four or fewer residential
units, each of them owned or partially owned by the operator, and
on them being the operator's primary residence, an owner-adjacent
unit is any residential unit in the dwelling other than the operator's
primary residence unit.
In a condominium building or association that includes the
operator's primary residence unit, any unit also owned in whole or
in part by the operator other than the operator's primary residence
unit.
A Residential unit that is the primary residence of the operator,
and is not located within a dwelling with other residential units,
e.g. a single-family residential dwelling.
A dwelling unit within a dwelling that is classified as residential
use and that contains at least one bedroom or sleeping area. For purposes
of this chapter, a residential unit shall not include any units in
a hotel, motel, licensed rooming house or lodging house or licensed
bed and breakfast.
The rental for a fee of a residential unit, reserved in advance,
for periodic residential occupancy for a single rental period of fewer
than thirty days and not exceeding in any case a cumulative total
of six months of rental within a calendar year.
The department designated by the mayor authorized to implement,
oversee, and enforce the provisions of this chapter and any other
statutes, regulations, and ordinances relating to premises within
the city of Revere that are advertised, listed, or used as short-term
rental.
Any individual authorized by the short-term rental enforcement
office to enforce the provisions of this chapter.
A database maintained by the short-term rental enforcement
office that shall record and preserve information about operators
who are permitted to offer residential units as short-term rental.
The short-term rental registry shall be maintained by the short-term
rental enforcement office. A property not listed in the short-term
rental registry is prohibited from being offered for short-term rental.
A residential unit that is offered, advertised, or otherwise
used for short-term rental.
(C.O. 21-211, § 1, 8/23/2021)
A.
Short-term
Rental shall be permitted as follows:
1.
An
owner-adjacent unit in an owner-occupied condominium building. In
any case where an operator uses more than one owner-adjacent condominium
unit for short-term rental, each such owner-adjacent condominium unit
shall be registered separately and charged a separate fee in accordance
with this chapter. An owner-adjacent condominium unit must be rented
as an entire unit at any one time to one rental party of no more than
six unrelated persons comprising short-term renters exclusive of children
under twelve years of age, and the division within the unit of separate
bedrooms for separate rental parties is prohibited.
2.
An
owner-adjacent unit in an owner-occupied dwelling containing four
or fewer residential units. In any case where an operator uses more
than one such owner-adjacent unit for short-term rental, each such
owner-adjacent unit shall be registered separately and charged a separate
fee in accordance with this chapter. An owner-adjacent unit must be
rented as an entire unit at any one time to one rental party of no
more than six unrelated persons comprising short-term renters exclusive
of children under twelve years of age, and the division within the
unit of separate bedrooms for separate rental parties is prohibited.
3.
A
primary residence unit. A primary residence unit offered for short-term
rental must be rented as a whole unit at any one time to one party
of no more than six unrelated persons comprising short-term renters
exclusive of children under twelve years of age, and the division
within the unit of separate bedroom for separate rental parties is
prohibited.
B.
Short-term
rental occupancy shall be limited to two persons per bedroom, excluding
children under the age of twelve related to, or the legal ward of
either bedroom occupant.
C.
The registration of a short-term rental unit shall expire in the event ownership of the unit or the property containing the unit is transferred. A new owner of such property shall be responsible to complete a new registration process as described in section 8.09.040.
D.
The
number of individual bedrooms made available for short-term rental
within an owner-adjacent unit and primary residence unit shall not
be greater than the number of lawful bedrooms in the dwelling unit.
E.
No short-term
rental may be used for the purpose of a commercial meeting and commercial
use of a short-term rental unit is prohibited.
F.
Sublet
or sub-rental of a short-term rental unit or a room or space therein
is prohibited. The renter of a short-term rental cannot sublet rooms
or spaces in their units as short-term rentals or in any other manner.
G.
Hourly
rentals are prohibited.
(C.O. 21-211, § 1, 8/23/2021)
Before any property is offered or advertised for short-term
rental, the operator shall:
A.
Register
the property with the short-term rental enforcement office on a form
provided by the office. The application shall require:
1.
The
operator's full name and address, and a telephone number (land and/or
mobile) that is available twenty-four hours per day to renters, the
short-term rental enforcement office, and public safety authorities.
2.
The
name, address, and telephone number (land and/or mobile) of an individual
other than the operator who shall be available in the event the operator
is unavailable, and who shall be capable to respond as soon as may
be necessary to any issue or emergency that arises during a short-term
rental.
3.
An
accurate description of the area of the property that is available
for short-term rental, e.g., one bedroom apartment on second floor,
e.g., single family home at specified address).
4.
Documentation
that the property in question is not the subject of any municipal
liens and that all taxes and fees owed to the city of Revere and to
the Commonwealth of Massachusetts relating to the property are paid
up to date.
5.
M.G.L.
ch. 62C, § 67 Certificate of Registration from the Commonwealth
of Massachusetts' Department of Revenue for short-term rental as required
per M.G.L. ch. 64G, § 6.
6.
Proof,
in the form of a valid insurance binder, of liability insurance with
liability limits in an amount no less than two hundred fifty thousand
dollars per incident and coverage for short-term rental use.
7.
Provide
the online/URL address listing(s) the short-term rental.
B.
Pay the annual fee of two hundred dollars per short-term rental unit in addition to any fees as required in accordance with section 8.09.070 of this chapter.
C.
Request
the short-term rental office to conduct an inspection, which shall
be completed within twenty-one days of date the completed application
is submitted and the associated fee is paid. In the event a unit is
approved for short-term rental after an inspection, the short-term
rental enforcement office shall issue a certificate of inspection
to the applicant/operator and the unit shall be listed in the registry
for a period that shall expire on December 31 of the year the certificate
is issued.
1.
In
the event a short-term rental unit is not approved after inspection,
the applicant/owner may cure any issue that prevented approval and
request a re-inspection at no additional fee.
2.
In
the event any further inspection is necessary after an initial re-inspection,
a fee of fifty dollars shall be required for each further inspection.
(C.O. 21-211, § 1, 8/23/2021)
A.
A short-term
rental unit shall be registered in accordance with 8.09.040 of this
chapter to be lawful in the city of Revere.
B.
All
online listings/postings shall contain/display the city of Revere's
registration number for the short-term rental.
C.
Residential
owner-adjacent and primary residence units offered for short-term
rental shall comply with, and shall not be in violation of, all standards
and regulations promulgated by the short-term rental enforcement office
and the Revere Fire Department's Office of Fire Prevention, including
but not limited to, all relevant, zoning, building, sanitary, fire,
and health and safety laws, regulations, and ordinances.
D.
The
operator of a short-term rental shall keep and maintain for a period
of three years an accurate record of the names and dates of rental
for each short-term rental and make such record available upon request
from a short-term rental enforcement officer.
E.
All
short-term rentals shall be subject to annual inspections by the short-term
rental enforcement office and the Revere Fire Department's Office
of Fire Prevention.
F.
Every
operator of a short-term rental shall provide to every short-term
rental party a document containing the following information:
1.
Instructions
for disposal of waste that complies with the City's recycling and
trash programs.
2.
An
emergency exit diagram for all bedrooms.
3.
Contact
information for the short-term rental operator, or when the Operator
is not present, the contact information for a locally available contact
designated to respond to all emergencies and problems that may arise
during the rental period, whether from renters, neighbors, or municipal
authorities.
4.
A
clear and direct instruction that short-term renters shall not disturb
the peace or cause to disturb the quite enjoyment in the neighborhood
or in any way interfere with the quality of life of the community
by noise or other disturbances in accordance with, but not limited
to, R.R.O. 9.08.010 et seq.
G.
A poster
measuring no less than eleven inches wide and fourteen inches high
containing the information described in subsection (F)(1) through
(4) above, shall be posted in a conspicuous place in every short-term
rental unit.
H.
A sign
measuring no less than eight and one-half inches wide and eleven inches
high illustrating the emergency exit shall be posted in each bedroom.
(C.O. 21-211, § 1, 8/23/2021)
The following residential units are not eligible to be offered
as short-term rentals:
A.
Residential
units that do not meet the definition of either an owner-adjacent
unit, or a primary residence unit.
B.
Residential
units designated as below market rate or income-restricted, that are
subject to affordability covenants, or that are otherwise subject
to housing or rental assistance under local, state, or federal law.
C.
Residential
units subject to any requirement of local, state, or federal law,
or rule or regulation promulgated by a condominium association, or
homeowner association, which prohibits the leasing or subleasing of
the unit or use of the unit as a short-term rental.
D.
Residential
units that are the subject of three or more findings of violations
of this chapter within a one-year period, or three or more violations
of any municipal ordinance or state law or code relating to health,
safety, sanitary conditions, including, but not limited to, excessive
noise, improper disposal of trash, disorderly conduct, or other similar
conduct within a one-year period.
E.
Residential
units previously rented to a Section 8 certificate holder or that
were previously subject to any affordability covenants, unless one
year has expired since the expiration of the Section 8 tenancy or
affordability restriction.
F.
Any
residential unit for which the operator is delinquent in the payment
of any local taxes, fees, assessments, betterments, or municipal charges
of any kind.
(C.O. 21-211, § 1, 8/23/2021)
A residential unit subject to the provisions of this chapter
shall pay all excise tax and community impact fees on short-term rentals
as approved by the city council pursuant to Sections 3A and 3D of
Chapter 64G of the Massachusetts General Laws.
(C.O. 21-211, § 1, 8/23/2021)
A.
Any
person who (i) offers a unit as a short-term rental where such unit
is not an eligible residential unit, (ii) offers an eligible residential
unit as a short-term rental without registering such short-term rental
unit with the short-term rental enforcement office, or (iii) offers
an eligible residential unit as a short-term rental while the unit's
registration on the short-term rental registry is suspended, shall
be fined three hundred dollars per violation per day. Each day's failure
to comply with a notice of violation or any other order shall constitute
a separate violation. In addition to fines described in this section,
the city may seek an injunction from a court of competent jurisdiction
to enjoin the offering, advertising, or use of the unit as a short-term
rental.
(C.O. 21-211, § 1, 8/23/2021)
