ADAMS, Mass.— Town officials are weighing new regulations for short-term rentals as questions about tax revenue, safety inspections, parking, and enforcement shape a proposed bylaw that is still taking form.

 

At a public hearing on short-term rentals last month, residents and owners discussed proposed limits on rental days, inspection and registration requirements, parking standards, and how—or whether—the town is capturing the tax revenue guests already pay.

 

The confusion about revenue especially stood out during the meeting, stemming from ongoing confusion over whether Adams is already receiving revenue from short-term rentals, since guests are reportedly paying both state and local lodging taxes through Airbnb and Vrbo.

 

Town officials reported that Adams currently only receives lodging revenue from hotels and bed-and-breakfasts. According to the state, having a local short-term rental bylaw could allow the town to receive a portion of the tax revenue collected from short-term rentals, one board member said.

 

"I think this is great. I think it's important that all short-term rental operators and owners are registered with the state. That is the way that the platforms make sure that the town gets its tax revenue," said one attendee, who is also a short-term rental operator.

 

"The way that Airbnb excises taxes is through the registration number that I have with the state. As an owner [of a short-term rental] in this town, I'm concerned when I hear that the town is not aware of its revenues from this type of business." 

 

The short-term rental operator volunteered to work with the board to investigate whether Adams has actually activated, and is properly receiving, its share of short-term rental tax revenue.

 

"One of the things that makes me feel good about [operating a short-term rental] is knowing that there is revenue I'm bringing to the town. So if that's not true, I want to know that," the operator said. 

 

The state defines short-term rentals as a property being rented for 31 days or less, not including hotels, motels, and bed-n-breakfasts. This also does not include month-to-month leases, tenancies at will, and timeshares. 

 

Even if a town does not have its own STR bylaw, operators must register with the state Department of Revenue, obtain a certificate of registration for each property, and comply with state requirements, including building codes and other state regulations.

 

The board is working to establish a short-term rental bylaw that would require annual local registration, safety inspections, and proof of registration with the state Department of Revenue. 

 

"Long term rentals are going through this process to be inspected to make sure they're safe, and I think there was a desire early on in our conversations to make sure short term rentals were at that same bar," Roberts said.

 

"And so instead of creating two separate processes of inspections. Wrapping those into one inspection process was seen as kind of the most viable option." 

 

The draft regulations allow short-term rentals in most residential zones and cap rentals at 180 days per year for non-primary residences. 

 

"Something that was said really early on in the planning board's meetings as they talked about this about maintaining the feel of the neighborhoods as neighborhoods," said Brett Roberts, principal planner with the Berkshire Regional Planning Commission. 

 

Additionally, it requires one off-street parking space per sleeping room, and imposes escalating daily fines for unregistered or noncompliant units. 

 

Board member Christian Richard Rowe said he was against this version of the parking requirement because it's too restrictive and would drive away business. 

 

One attendee, who is also a short-term rental operator, encouraged the board to adopt language that is tied to how the units are used, noting that requirements like one parking space per bedroom may be difficult to measure or enforce, especially for properties with driveways.

 

Another attendee asked how these regulations would be enforced, highlighting how she was uncomfortable with the idea of creating a bylaw without being clear about what that enforcement is. 

 

This criticism is exactly why the board is seeking community feedback. Since the proposed short-term rental bylaw is still in its early stages, public input can help the board identify concerns, such as this, and make changes before a final draft is created. Roberts said. 

 

"Generally, when a bylaw is considered, or a change to a bylaw is considered, there's a problem that needs to be addressed, and I'm not aware of any problems with short-term rentals in Adams," another attendee said. 

 

The town says it is being proactive rather than reacting to problems. Since short-term rentals are already allowed by the state, Adams needs local bylaws in place to properly address and regulate them, one board member said. 

 

"Oftentimes, cities and towns are reactive to what the state has already done," she said. 

 

The Department of Revenue has about 42 short-term rentals listed, board member David Rhinemiller said. 

 

There are more listed across numerous websites, so the goal is to identify all short-term rentals in Adams and bring them onto the same regulatory level, Roberts said. 

 

Regulating short-term rentals is something communities across the country are discussing. However, in Adams, officials are seeking to establish regulations to keep properties safe, protect guests, and ensure the safety and well-being of neighbors and the community, said board chair Michael Mach. 

 

The town is not looking to establish regulations because of known existing problems; rather to catch up with state changes and establish local rules, including the ability to collect revenue from Airbnb and Vrbo rentals, one board member said. 

 

The draft bylaw outlines escalating fines for noncompliance—starting at $100 and rising to $300 per day for ongoing violations. However, the short-term rental operator recommended the board create clearer cure periods and safeguards against selective enforcement.