400 CMR 4.01 - Purpose

The purpose of 400 CMR 4.00 is to set forth the process by which the EOHED, in consultation with DOR and EOTSS, shall establish and maintain a Registry pursuant to M.G.L. c. 23A, § 68. The primary purpose of the Registry is to provide for public transparency regarding the number and approximate location of Short-term rentals in each municipality. In developing 400 CMR 4.00, EOHED was required to consider, and did consider:

(a) existing practices of peer states;
(b) data security practices, protocols and standards;
(c) technological feasibility of existing digital systems, including the feasibility of developing and maintaining a searchable online directory;
(d) information required to be collected and maintained for Operators in the Registry, which shall, at a minimum, include a list of accommodations offered for rent by Operators who are registered in accordance with M.G.L. c. 62C, § 67, provided, however, that the location information for any accommodation offered for rent shall be limited to the name of the street and the city or town where the accommodation is located;
(e) any forms or records necessary to implement this section and meet such requirements under 400 CMR 4.00 and M.G.L. c. 64G;
(f) practices utilized to disclose or report information to cities and towns by request;
(g) impacts on the traditional lodging industry, short-term rental industry and hosting platforms;
(h) the fiscal impact to the commonwealth; and
(i) any relevant federal or state laws and regulations.

Notes

400 CMR 4.01
Adopted by Mass Register Issue 1403, eff. 11/1/2019.

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