OVERVIEW: Are Short-Term Rentals Allowed in Andover?

No. Short-term rentals are explicitly prohibited in Andover, Massachusetts.

This prohibition was confirmed by legal precedent when the Essex Superior Court dismissed a lawsuit challenging Andover's zoning enforcement against short-term rentals (such as Airbnb) in November 2022. The town's building inspector issued a cease-and-desist order after receiving complaints about a homeowner offering short-term rentals, which were determined to be not allowed under Andover zoning laws. The Andover Zoning Board of Appeals upheld the building inspector's decision, and the court dismissal effectively maintains this prohibition.

Important Implications for STR Investors:

• Traditional STR models (Airbnb, Vrbo, etc.) are not viable in Andover
• The town takes enforcement action based on complaints, but will uphold zoning violations
• Even if not actively enforced, operating an STR in Andover carries significant legal risk
• Property investors should consider long-term rental alternatives or explore nearby communities with STR-friendly regulations

How to Start a Rental Business in This Market

Given the STR prohibition, investors have limited legal options in Andover:

Option 1: Long-Term Rental Market

• Focus on traditional leasing (12-month terms or longer)
• Target professional demographics, families, or graduate students
• Andover's proximity to Boston and major universities (Merrimack Valley area) creates steady demand for quality long-term housing

Option 2: Accessory Dwelling Units (ADUs) - Long-Term Only

While Andover allows ADUs in single-family zoning districts (SRA, SRB, SRC), the town may impose restrictions on short-term rentals. Given the general prohibition, assume STR restrictions apply to ADUs as well. ADUs should be planned for long-term rental use only.

Option 3: Explore Nearby Communities

Consider investing in neighboring towns with STR-friendly regulations. Merrimack Valley communities have varying approaches - some allow STRs with regulations while others prohibit them entirely.

Required Documents, Permits, Licenses, and Guidelines

For Long-Term Rentals:

• Business Certificate from Town Clerk (requires prior Zoning Verification Letter from Building Division)
• Compliance with Massachusetts landlord-tenant laws
• Proper lease agreements meeting state requirements
• Property insurance appropriate for rental property

For ADUs (if pursuing long-term rental):

• Building Permit through Andover's Online Permit Center
• Site Plan Review (as applicable)
• Compliance with ADU requirements:
  • Separate entrance meeting state building code egress requirements
  • Maximum size: lesser of 900 sq ft or ½ gross floor area of principal dwelling
  • Compliance with local dimensional setbacks and bulk/height restrictions
• Zoning Verification Letter may be required

Key Contacts and Resources:

Building Division:

• Phone: 978-623-8620
• Email: building@andoverma.gov
• Building Commissioner: Chris Clemente

Online Permit Center: andoverma.gov/410/Online-Permit-Center

Town Clerk (Business Certificates):

• Phone: 978-623-8200

Specific Regulations

Andover (Town-Level) STR Regulations:

• Prohibition: Short-term rentals (rentals 30 days or shorter) are prohibited
• Enforcement: Based on complaints; cease-and-desist orders issued for violations
• Legal Precedent: Essex Superior Court upheld prohibition in 2022
• ADU Restrictions: While ADUs are allowed as-of-right in single-family zoning, Andover may impose reasonable restrictions, including short-term rental prohibitions

Massachusetts (State-Level) STR Regulations:

State-Level Requirements (effective July 1, 2023):

• Registration: STR operators must register with the state
• Taxation: State excise tax, local room tax, and meals tax applicable
• Impact Fees: Communities may impose impact fees
• Requirements: Taxation, registration, and impact fees for short-term rentals

Note: Even with state-level allowances, Andover's local prohibition supersedes these rights.

Essex County-Level Regulations:

No specific county-level STR regulations identified that would override Andover's local prohibition.

Contact Information

Primary Authority - Building Division:

Chris Clemente, Building Commissioner

• Phone: 978-623-8620
• Email: building@andoverma.gov
• Department Office Hours: Monday-Friday, 7:00 AM - 3:30 PM
• Inspector Office Hours: Monday-Friday, 7:00 AM - 8:00 AM

Zoning Board of Appeals:

• Handles appeals and variances
• May be involved in STR enforcement appeals

Town Contact:

• Town of Andover
• 36 Bartlet Street, Andover, MA 01810
• Phone: 978-623-8200
• Website: andoverma.gov/

Key Source Links

Legal/Regulatory Sources:

1. Court Upholds Andover Prohibition On AirBNB's: Select Board Notebook - Andover News
2. Zoning board bars one Airbnb, while others remain - Andover Townsman

Building/Permitting Sources:

3. Andover Building Division - Official Town Website
4. Online Permit Center - Official Town Website

ADU/Single-Family Rental Sources:

5. ADU Informational Session Presentation - Official Town Document
6. What the new ADU law means for Andover - Andover Community Trust

General Massachusetts STR Context:

7. What Do You Need To Know As A First Time AirBnb Host - Kevin Vitali Real Estate

Investment Recommendations

Given Andover's explicit prohibition on short-term rentals, serious STR investors should:

1. Avoid Andover properties if the business model relies on short-term rentals
2. Consider long-term rental strategies in Andover, focusing on quality properties in good school districts
3. Explore nearby communities with STR-friendly regulations while maintaining proximity to Andover's amenities
4. Engage with local real estate professionals who understand the Merrimack Valley market dynamics
5. Monitor legislative changes as state-level ADU laws continue to evolve

The Andover market remains attractive for traditional real estate investment due to its proximity to Boston, strong school system, and established professional community, but it is not suitable for short-term rental business models as currently structured.