Overview: STR Allowance in Somerville

Short-term rentals ARE allowed in Somerville, Massachusetts under specific regulatory framework. The City Council passed comprehensive short-term rental regulations in May 2019, which became effective on January 1, 2020. The ordinance was subsequently amended on January 26, 2023, to require mandatory registration effective April 1, 2023. The regulatory framework is designed to allow Somerville residents to operate short-term rentals while ensuring these units remain part of the housing stock and do not negatively impact neighborhoods.

How to Start a Short-Term Rental Business in Somerville

Eligibility Requirements

Before beginning operations, you must meet the following fundamental requirements:

Primary Residence Requirement: The rental unit must be your primary residence. Only units where you actually live can be used as short-term rentals. This requirement is strictly enforced and applies regardless of ownership status.

Operator Presence Requirements: You may operate your short-term rental with different limitations based on your presence:

• With presence: No limit on rental days if you are present during the rental period
• Without presence: Maximum of 90 days per year if you are not on the premises

Tenant Rights: If you are a renter, you may operate a short-term rental, but you must obtain property owner approval through a required affidavit submitted with your registration application.

Registration Process

Mandatory Registration: All short-term rentals must register with the City. The registration requirement became effective April 1, 2023.

Application Timeline:

• Existing operations (as of January 26, 2023): Must apply by June 30, 2023, and receive certificate by September 28, 2023
• New operations: Must obtain certificate of registration before beginning operation
• Continuation rights: Existing operations may continue while application is pending, provided the application is not denied

Application Process:

1. Submit application through the Citizenserve portal at somervillema.gov/citizenserve
2. Follow the Short-Term Rental Application Guide
3. Pay applicable registration fees

Required Documents, Permits, Licenses, and Guidelines

Essential Documentation

Registration Certificate: Obtain a certificate of registration from the City (mandatory for all operations)

Property Owner Approval Affidavit: Required if you are a renter operating the STR

Insurance Requirements: Maintain general liability insurance coverage

Proof of Primary Residence: Documentation establishing the property as your primary residence

Emergency Contact Information: Provide contact details for local emergency response

Required Interior Postings

Display a sign inside your short-term rental containing the following mandatory information:

1. Trash and Recycling Information: How and when to dispose of trash and recycling (municipal guidelines)
2. Parking Regulations: Current parking restrictions and requirements
3. Noise Ordinance: City noise ordinance provisions and quiet hours
4. Contact Information: Your contact details or local emergency contact who can respond to issues

Application Materials

• Complete registration application via Citizenserve portal
• Property owner approval affidavit (if applicable)
• Proof of primary residence status
• Liability insurance documentation
• Emergency contact information

Specific Regulations for Short-Term Rentals

Operational Parameters

Rental Duration: Short-term rentals are defined as rentals for fewer than 28 consecutive days. The ordinance does not permit rentals by the hour or month-to-month arrangements.

Annual Day Limits:

• Present during rental: Unlimited days permitted
• Absent during rental: Maximum 90 days per year

Occupancy Restrictions:

• Maximum 10 people total per rental period
• Maximum 2 people per guest bedroom (whichever is fewer)
• Only one group permitted at a time (no separate rentals to multiple parties)

Property Restrictions

Primary Residence Requirement: Only your primary residence may be used as a short-term rental. You cannot rent adjacent units or units in the same building unless they constitute your primary residence.

Bedroom Limitations: No limit exists on the number of bedrooms that can be rented, provided other ordinance requirements are met.

Separate Rentals Prohibited: The ordinance specifically prohibits renting separate bedrooms, beds, or spaces to different customers as short-term rentals.

Listing Requirements

Platform Limitations: One listing per listing website per residential unit is permitted.

Consistency Requirements: If using multiple listing websites, listings must be consistent and cannot offer separate bedrooms or spaces to different groups.

Prohibited Property Types:

• Inclusionary housing units
• Below-market-rate housing units
• Units with income restrictions

Tax Obligations

Transient Occupancy Tax: Operators must collect and remit 6% transient occupancy tax to the city.

General Tax Compliance: Full compliance with all federal, state, and local tax obligations is required.

Safety and Code Compliance

Building Code Compliance: Must comply with all federal, state, and local building codes and safety regulations.

Inspection Requirements: Properties are subject to inspection by the Inspectional Services Department (ISD).

Contact Information for Local STR Authority

Primary Contact - Inspectional Services Department (ISD):

• Email: isdstr@somervillema.gov
• Registration Portal: somervillema.gov/citizenserve
• 311 Service Center: 617-666-3311 (for complaints or issues)

Municipal Services:

• General Information: 311 Service Center
• Complaint Reporting: Call 311 for neighborhood issues related to STR operations
• Emergency Response: Local emergency services through 911

Enforcement and Penalties

Violation Consequences

Operating Without Registration: Operating without required registration is prohibited and subject to enforcement action.

Registration Denial/Revocation: Registrations can be denied or revoked for ordinance violations.

Penalty Structure: Violations subject to fines and penalties as outlined in the ordinance enforcement provisions.

Complaint Process

Reporting Mechanism: Neighbors can report STR-related issues by calling 311.

Investigation Process: The Inspectional Services Department investigates complaints through site visits and online monitoring.

Enforcement Steps:

1. Complaint investigation via site visits and online verification
2. Notice issuance and contact with STR owner to explain violations
3. Weekly ticketing for non-compliance (typically three weeks)
4. Court filing for continued non-compliance after three tickets

Source Links and Additional Resources

Official City Resources

Primary Information Hub: somervillema.gov/strs

Legal Framework:

• Short-Term Rentals Ordinance (PDF)
• Complete Ordinance Text - Chapter 7, Article X
• Short-Term Rental Application Guide (PDF)

Registration Portal:

• Citizenserve Licensing Portal

Key Ordinance Sections

Primary Regulatory Sections:

• Section 7-250: Purpose and Intent
• Section 7-251: Definitions
• Section 7-252: Applicability
• Section 7-253: Requirements for operation
• Section 7-254: Registration requirements
• Section 7-255: Registry maintenance
• Section 7-256: Penalties and enforcement

Municipal Codes:

• Noise Ordinance
• Trash and Recycling Guidelines
• Parking Regulations

Additional Resources:

• City Code of Ordinances
• Municipal Zoning Information

This comprehensive regulatory framework ensures that short-term rentals in Somerville support residents' ability to earn supplemental income while preserving housing stock and maintaining neighborhood character. All operators must register with the city and comply with specific operational requirements to legally operate short-term rentals in Somerville. The city's approach balances economic opportunity with housing preservation, making it essential for potential operators to thoroughly understand and comply with all applicable regulations.