Short-Term Rental Compliance & Enforcement - The Good News And The Bad News

To the editor: It has been rightfully pointed out at public meetings that STR compliance and enforcement of existing regulations are important in moving the discussion forward toward resolution. I have some updates to report based on our work with the town and rental platforms since the local registry requirements were incorporated into operational town bylaws in 2022.

First, the good news. The new STR Community Liaison, Lauri Elliott, is on board for the town, processing 2026 STR renewal registrations, answering questions and coordinating with stakeholders. The Health Department has been denying STR permits to ineligible owners (e.g., REITs and corporations) and investigated STR hotline reports of unlicensed STR operations and found them all to be properly licensed with no violations. The town, local real estate community and online rental platforms are actively facilitating and educating their clients on how to post their permit information in compliance with town regulations. They are also reminding STR owners that it is 2026 renewal time, with FAQ clarifications that will improve compliance and enforcement. And let’s not forget the existing STR bylaws for which no violations have been found nor fines levied: occupancy limits, insurance/safety requirements, compliance with Town bylaws including noise, parking and outdoor lighting.

So what’s the bad news? Article 2. If passed, it creates a host of new enforcement challenges, potential invasion of privacy, and new types of lawsuits.

1) Article 2 measures accessory use by when and how many days a property is rented. But on a seasonal resort island, family and friends, guests and renters are so often coming and going, that complainants would need time-stamped photos of individuals entering and exiting and some way to sort out whether those people are renters, family, or friends staying longer than 32 days. Also, Article 2 doesn’t clearly define what the main or “primary” use of a property must be in a seasonal community in order for short-term renting to count as “an accessory use”. For example, if a house sits empty most of the time, is that considered a valid “primary use” for the owner? This is being hotly debated in Massachusetts right now and makes it a legally unsettled concern.

2) Article 2 proposes identical zoning and general bylaws, which is unprecedented, so which bylaw takes precedence in a compliance/enforcement legal challenge? Does it fall on the already busy Board of Health staff or the volunteers on our Zoning Board of Appeals where public hearings are required - or both?

There are always a few ‘bad neighbors’ in any community - folks who cut down trees on a neighbor’s property, rent long/short term to partiers, or host nuisance events themselves in their homes. However, those who are hurt most by Article 2 are small local business owners and a whole host of ‘good neighbors’ who need the rental model flexibility that suits their family and do not deserve an invasion of their privacy or a taking of the property rights we’ve historically had on Nantucket.

Kathy Baird
Nantucket Together