Short-Term Rental Task Force Drafts Preliminary Report

BREWSTER – With summer in full swing, the hot-button topic of short-term rentals is heating up. 

The town’s short-term rental task force met last Thursday to talk through a draft of findings, discussion points and recommendations. Much of the discussion centered around a document provided by Town Planner Jon Idman which touched on the legal framework of short-term rentals (STRs), local regulations, inspections and compliance, registration and licensing, fees, local economical impact and housing needs in town. 

 From the start of the discussions, members of the task force were curious about the mandatory inspections that are required for STRs. The 10th edition of the building code was adopted in Brewster and requires all STRs to request a safety inspection, which costs $50. There was some confusion over the language of “requesting the inspection.” Building Commissioner Tom Delaney said that while owners have to request the inspections, they are mandatory under the building code. Owners are not notified of the requirement, which task force members felt was a problem. As of July 1, applications are open to request safety inspections. 

“Ignorance of the code does not negate the responsibility of the code,” said Delaney. 

Task force member Sarah Stranahan argued that “as a town, I don’t think we want anyone injured or killed because they were occupying an unsafe short-term rental.” She said she would like to recommend that the town notify operators of STRs of the inspection requirement.

Carmel Gilberti, the planning board’s liaison to the task force, said that would open the town up to liability.

But the safety inspections are not as detailed as one may think. Idman said the inspection doesn’t look at a property’s well, septic system or pool. He said discussions on what regulations and safety precautions would need to be taken above the baseline legal requirements would be helpful. 

When asked what the scope of the inspection was, Delaney said he has not released it yet. He went on to say the discussions regarding specifics of the inspections are between the building department and the select board.

Participants at the meeting referred to Maggie’s Law, also known as the Maggie Hubbard Rental Safety Act, a bill aimed at enhancing fire safety in short-term rental properties. It would require annual inspections of all short-term rentals to ensure the presence and proper functioning of smoke and carbon monoxide detectors, and to confirm safe, accessible exits. The bill also mandates that rental or real estate agents verify compliance with fire safety codes before listing a unit. The law is named for Maggie Hubbard, the one-year-old child who perished in a fire in New York last year along with her mother Shannon. Both were Brewster residents.

Gilberti said the scope of the inspections is not a part of the purview of the task force. She redirected the conversation to confront the lack of a registration process. All members of the task force agreed that a registration system would, at least, provide a set of numbers needed to make further decisions. 

Throughout the meeting, many participants referred back to the charge of the task force which doesn’t include specific actions regarding legal regulations or compliance. The charge of the task force is to “evaluate impacts of short-term rentals on the health, safety and quality of life of our residents, on the local economy, and on year-round housing availability in our community [and] consider potential policy changes.” 

Idman said that the state hasn’t provided specifics on inspections because STRs do not fall under a category that requires a certificate of occupancy. Without overarching code regulations, the local municipalities will have to craft them entirely from scratch, he said. 

After about an hour of in-depth discussions, Amanda Bebrin, acting chair of the meeting, redirected the group to focus on changes and comments regarding the document provided instead of particulars. 

A few of the changes requested in the document included refining the legal definition of an STR, adding proof of insurance to the potential registration database and adding the 64G statute word-for-word. Chapter 64G is a Massachusetts law that refers to room occupancy excise taxes and details some implications for STRs. The task force asked for the direct wording so it was clear what is allowed at the state level and what should be considered in addition. 

 Additionally, the task force asked to include a stipulation that when and if the town regulates the location of STRs, it should consider equity across certain properties.

Bill Henchy, the finance committee liaison, wanted to refine some of the language used in the draft recommendations. Idman agreed that while the concepts were there, it could use tweaking to avoid any legal ramifications. They agreed to further edit the document at a later date. 

As for fees, the draft recommendation refers to an all-inclusive fee that takes into account inspection costs, annual registration fees and the licensing charge. While data from other towns shows a STR registration fee range of $50 to $750, the average is around $350. While the task force agreed that an all-inclusive fee was the best way to approach this, they decided that the specific amount was not in their purview. 

While there was a quorum at the June 26 meeting, three of the seven members were not present. The remaining members felt uncomfortable forwarding the draft to the select board without an entire group consensus. Idman said it would be beneficial to break the document into smaller sections in order to bring certain timely actions to town meeting. For example, an appropriation will be needed to hire more building department staff to conduct inspections, and the registration system would have to go before town meeting. 

As of now, the task force may be upping their meeting schedule to twice a month to continue the discussions. The plan is to conduct a public meeting with the document so residents can comment and provide feedback.