Pittsfield Ordinance & Rules Tackles Process for Short-Term Rentals
PITTSFIELD, Mass. — Short-term rentals are becoming increasingly more prominent and city officials are recognizing that they have no process in place for them.
The Ordinances and Rules subcommittee on Monday referred Ward 7 Councilor Anthony Maffuccio's petition that requests an investigation of claims concerning Airbnbs in the neighborhood of Ridge Avenue to the Community Development Board.
With the referral is a requested response by June.
Maffuccio was in favor of referring the petition to City Solicitor Stephen Pagnotta but was the lone vote for the motion and it did not pass.
"I've had probably three pop-up Airbnbs already in that one vicinity of the city that was developed as a close-knit residential neighborhood that was developed about 137 years ago," he said.
Maffuccio complained of insufficient parking, use of "water toys" without regard for waterway rules, and garbage piled high.
Clemons said that by having regulations and an ordinance in place, short-term renters would be able to identify themselves to the city and would be subject to inspections and safety upgrades that are mandated by the building code.
He clarified that there is currently nothing in place.
"If they tried to register a short-term rental, I would tell them we don't have a registration process in place because we haven't adopted one," he said to Maffuccio.
"I actually had a phone call this week, somebody wanted to register their short-term rental, I first said they're not permitted in a residential district because to me it's a short-term rental like a hotel-motel and a bed and breakfast, I agree with you on that, but I need them to register it and we have to have a registration process in place by having an ordinance."
Clemons explained that it is not feasible for his department to knock on people's doors and ask if they are doing a short-term rental, as being listed on a website is not sufficient proof.
"I'm all for enforcing and regulation but I don't want to be chasing down a rabbit hole when people just say, 'I'm not doing that' or 'I don't know what you're talking about,'" he added.
"With the registration, they tell me who they are and then I say, 'OK, this is what you're going to have to do,' we will be prepared for it then."
Pagnotta said that it is "fair to say that municipalities are struggling with Airbnb rentals and what to do with them." He pointed to a short-term rental ordinance that North Adams is working on.
Lenox has a short-term rental registration and Great Barrington is working on a bylaw that is receiving pushback from the town.
"There was a state Supreme Court case that indicated that short-term rentals could be zoned, that had been a question until that case came down," Pagnotta explained.
"And in addition, there's a statute that was passed that required if it was accepted by the municipality, that a short-term rental house registered with Department of Revenue collects state room occupancy tax if the occupancy was for more than 14 days, file lodging tax returns again it if it goes for more than 14 days, so there are tools that are available."
Ward 6 Councilor Dina Guiel Lampiasi mostly agreed with Maffuccio's stance but made a distinction that not all of the Airbnb-type rentals popping up in her ward are problematic.
She has no problem with Pittsfield residents renting a space for extra cash but sees concern in people from out of state cashing in the city's resources.
"I do think it's important that we be mindful of the fact that we want to support this creative economy that we're in many ways fortunate to have," Lampiasi said.
"That people want to stay in short-term rentals in Pittsfield."
She suggested giving Pagnotta some kind of direction with this and referring to Lenox's registration process but later decided that it would be best to send it to the Community Development Board.
Lampiasi cited the ongoing conversation about affordable housing in Pittsfield and how difficult it is for renters to find a decent place to live at their price point. She said it feels right to have people at the table who have been helping the city figure that out.
Councilor at Large Pete White read a letter from City Planner CJ Hoss stating that he suggests the matter is sent to the Community Development so it can draft something and have it sent back so that the board is not the petitioner on something it will eventually have to approve.
Maffuccio disagreed with this and said he would like to take on O&R's responsibility and work directly with the city solicitor.
"Hey, this is what we're looking to do, not what the Community Development Board is looking to do," he said.
"If they want to tackle this issue, they would have done it years ago because they know they're all popping up throughout the city, this didn't happen overnight, it didn't happen in the last couple years, this has happened probably in last decade and getting worse and worse and worse."
In other news, the subcommittee also referred Ward 1 Councilor Kenneth Warren's petition requesting the abolishment of the Planning Board and substituting the Department of Community Development as its replacement.
Pagnotta identified two different sets of changes to the City Code that will need to be made to accomplish this. The first is to adopt changes to various ordinances and the second requires changes to the city's zoning ordinances.
Tags: short-term rentals,
