Brookline To Allow Airbnbs, Short-Term Rentals

BROOKLINE MA— Airbnbs and short term rentals will be permitted in town, with caveats, thanks to new zoning and rules.

Brookline's legislative body Tuesday voted to amend the town's zoning laws and allow homeowners at their primary residence to offer short-term rentals. Brookline Town Meeting also approved new regulations and enforcement set to begin in January.

Brookline put a stop to short-term rentals — even when a homeowner lived in the same space — once the state legislature approved "An Act Regulating and Insuring Short-Term Rentals," in 2018.

Shortly after the state law went into effect, it sparked confusion about what that meant in Brookline, a lawsuit and much discussion in town. Some argued homeowners should be permitted to offset rising taxes with income from these types of rentals. Others argued short rentals could have a detrimental impact on affordable housing in town and was disrupting a sense of community in some neighborhoods.

During the fall 2020 Town Meeting a Moderator’s Committee was formed to research the issue and come back with a recommendation. On Tuesday, several Town Meeting members suggested the town should hold off on a vote and continue to research. But others disagreed.

"We've kicked this can down the road long enough," said Advisory Committee member Neil Wishinksy.

The discussion and changes

The committee found about 75 percent of the short-term rentals in town were run by "investors," according to a Massachusetts Department of Revenue report, committee member Sean Lynn-Jones said.

And that was a big part of the problem, according to the committee.

Much of Town Meeting Members took issue with that, agreeing with the moderator's committee's assessment that such investors take what could be long-term housing off the market, creating a demand and making housing less affordable.

"And absentee investors are less likely to care about or be able to monitor the quality of life negative effects of short-term rental," Lynn-Jones said.

The committee recommended, and Brookline Town Meeting voted, to make it a requirement that anyone operating an Airbnb or short-term rental should do it from their primary residency, reducing the likelihood of harmful impacts to neighbors’ quality of life.

The new regulations include stipulations that require the town to inspect units before they may be rented, prohibit their being used for commercial uses and require anyone renting them out to give guests clear directions on disposing trash and where and how to park.

The maximum someone can rent their home out will be 90 rental days — or up to 180 in special circumstances — per year.

Condominium associations will also need to specify in their own rules whether they permit short-term rentals before any condo owner can open their home to short-term rentals.

The vote: 201 in favor, 29 opposed and five abstentions.

Previously: Brookline Homeowner Sues Town For Right To Run Airbnb ...

• Salem Starts Short-Term Rental Registration
• MA Senate Approves Bill To Tax Short Term Rentals ...

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