City of Salem Begins Short-Term Rental Registration

Registry and other regulations now in effect for Salem property owners who list on sites like Airbnb

Salem, Massachusetts - In 2018 the Salem City Council adopted an Ordinance regulating short-term rentals in Salem. That Ordinance went into effect on April 15, 2019.

If you list your property on a short-term rental home-sharing platform like Airbnb, VRBO, or similar websites, you should be aware of these new regulations. In addition to registering your short-term rental annually with the City of Salem, you are required to receive a Certificate of Fitness and, if it is not your primary residence, you will also need a special permit from the Zoning Board of Appeals (ZBA) and to register for the non-owner-occupied trash fee. Applications for the special permit from the ZBA must be received no later than June 15, 2019. Zoning regulations also restrict this use to certain neighborhoods in the City. Pursuant to state law, all short-term rental providers will also be required to collect state/local room occupancy excise tax. The City has published https://www.salem.com/str, with all of the information you need to know about offering a short-term rental in Salem.

What regulations impact me if I want to offer a short-term rental in Salem?

Click this link to go through a "dynamic" FAQ about short-term rentals in Salem.
(https://www.surveymonkey.com/r/SalemSTR) The answers you provide to each question in the FAQ will determine the types of regulations and the steps you must take.

How does the City define short-term rental?

All definitions are contained in the City's Code of Ordinances section pertaining to short-term rentals. (https://library.municode.com/ma/salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH15SHRMRERE) It is recommended that property owners making short-term rentals available in Salem familiarize themselves with the applicable section of the Code, as it also includes a description of what kinds of issues that might render a particular property ineligible for use as a short-term rental, the kinds of information that must be provided in online listings and to tenants when they arrive, and other important factors. Note that code restrictions limiting dwelling units to no more than three unrelated persons do apply to short-term rentals.

How do I register my short-term rental with the City of Salem?

Salem has contracted with Harmari to manage the registration of short-term rentals in the City. There is a $50 annual registration fee. Unregistered short-term rentals may be subject to fines and penalties, including prohibitions on registering the property in the future, so it is strongly advised that property owners take a few minutes each year to register their short-term rentals. You may register your short-term rental by following this link to Harmari's online registration portal. (https://www.harmari.com/str_permitting/RegistrationForm.php?name=vr_salem&city=1) Please be aware that you should have your Certificate of Fitness and Mass DOR tax registration complete before you register through Harmari. If you require assistance with the Harmari registration portal or have additional questions about the City's short-term rental registration, please contact Harmari Customer Service: 1-877-352-3277, extension 5. Harmari's Customer Service hours are 9:00 a.m. to 5:00 a.m., Monday through Friday.

How do I get a Certificate of Fitness?

The Certificate of Fitness is issued annually to short-term rentals by the Salem Health Department depending on the satisfactory completion of an inspection by the department, which evaluates the property's compliance with the state and local sanitary codes and its fitness for human habitation. There is a $50 fee for the inspection and certificate, which is required for all residential rental properties in the City, whether they are short-term or otherwise. More information about the Certificate of Fitness, including the form to sign up for the inspection, can be found at this link (https://www.salem.com/mayors-office/pages/residential-rental-inspections) and by calling the Health Department at 978-741-1800.

How do I register with Mass DOR for my room occupancy excise tax payments?

The room occupancy excise tax is overseen entirely by the Massachusetts Department of Revenue. The City has no role in collecting the tax and any inquiries about it should be directed to MassDORat 1-800-392-6089. More information about the room occupancy excise tax, including links to register with MassDOR and an FAQ, can be found at this link. (https://www.mass.gov/service-details/room-occupancy-excise-tax)

My short-term rental is not my primary residence, what do I need to know?

Non-owner-occupied short-term rentals are prohibited in the R1, RC, I, and BPD zones. You can find a zoning map online here (https://www.salem.com/sites/salemma/files/uploads/zoning_map_2018_-_60_inch_horizontal_streetlist_landscape.pdf) or use this interactive City map tool (https://www.mapsonline.net/salemma/) to look up details about your specific property. If your non-owner-occupied short-term rental is located in any other zone than those above and it was in use as a short-term rental before July 16, 2018, it may be eligible for a special permit from the Zoning Board of Appeals to continue operating as a short-term rental. Follow this link to find out more about special permits from the ZBA (https://www.salem.com/zoning-board-appeals) and call the Department of Planning and Community Development at (978) 619-5685. Eligible non-owner-occupied short-term rental owners must apply for their ZBA special permit before June 15, 2019. In addition, non-owner-occupied rental property owners, including those offering short-term rentals, must register with the Salem Engineering Department and pay the non-owner-occupied trash fee. Find out more, including the registration form, at this link (https://www.salem.com/recycling-and-trash/pages/trash-fee-forms-information) and by calling the Engineering Department's Trash and Recycling Office at 978-619-5675.