Hotels, Motels, Inns, B & B, Lodging Hotels, Motels, Inns, B & B, Lodging Houses, Boarding Houses, Houses, Boarding Houses,

Dormitories, AIRBNB, and MoreDormitories, AIRBNB, and More

MHOA Spring Seminars 2014MHOA Spring Seminars 2014

Paul Halfmann, MPHPaul Halfmann, MPHCommunity Sanitation ProgramCommunity Sanitation Program

Hotel/MotelHotel/Motel

Rooming house under 105 CMR 410.000Rooming house under 105 CMR 410.000• Rooming unit used for living, sleeping, Rooming unit used for living, sleeping, not for not for

cookingcooking

• Boarding houses, hotels, inns, lodging houses, Boarding houses, hotels, inns, lodging houses, dormitories, and dormitories, and other similar dwelling placesother similar dwelling places

• Definition does not identify the length of stayDefinition does not identify the length of stay

Hotel/MotelHotel/Motel Units convertedUnits converted

• Long-term stayLong-term stay Should no longer fit the definitions which identify Should no longer fit the definitions which identify

“guests” as transients“guests” as transients

• Add cooking facilitiesAdd cooking facilities Rooming units used for living and sleeping but Rooming units used for living and sleeping but

not for cookingnot for cooking

Hotel/MotelHotel/Motel Dwelling unitDwelling unit

• Intended for use by one family or Intended for use by one family or household for living, sleeping, cooking and household for living, sleeping, cooking and eatingeating

If a rooming unit is used for longer term and If a rooming unit is used for longer term and has cooking facilities, what kind of unit is it?has cooking facilities, what kind of unit is it?

MotelMotel

MGL c. 140, sec 32AMGL c. 140, sec 32A

• The term “motel”, as used in section The term “motel”, as used in section twenty-seven, in this section, and in twenty-seven, in this section, and in sections thirty-two B to thirty-two E, sections thirty-two B to thirty-two E, inclusive, shall be construed to mean inclusive, shall be construed to mean any building or group of buildings which any building or group of buildings which provide sleeping accommodations for provide sleeping accommodations for transient motorists and which is transient motorists and which is not not licensed as an innlicensed as an inn. .

MotelMotel Appears to originally defined for transientsAppears to originally defined for transients

Extended stay does not seem appropriate for Extended stay does not seem appropriate for motelsmotels

Would become a dwelling unitWould become a dwelling unit

Other DefinitionsOther Definitions

• MGL c. 64G, sec. 1 MGL c. 64G, sec. 1

• ““Motel”, any building or portion thereof, other than Motel”, any building or portion thereof, other than a hotel or lodging house, in which persons are a hotel or lodging house, in which persons are lodged for hire with or without meals and which is lodged for hire with or without meals and which is licensed or required to be licensed under the licensed or required to be licensed under the provisions of section thirty-two B of chapter one provisions of section thirty-two B of chapter one hundred and forty, or is a hundred and forty, or is a private clubprivate club. .

HotelHotel

MGL c. 140, sec 12AMGL c. 140, sec 12A

• For the purpose of sections 12B to 12D, inclusive, For the purpose of sections 12B to 12D, inclusive, the word “hotel” shall mean a the word “hotel” shall mean a hotel, motel, resort, hotel, motel, resort, boarding house, or innboarding house, or inn, which is kept, used or , which is kept, used or advertised as, or held out to the public to be, a advertised as, or held out to the public to be, a place where sleeping or housekeeping place where sleeping or housekeeping accommodations are supplied for pay to guests accommodations are supplied for pay to guests for transient occupancy.for transient occupancy.

Other DefinitionsOther Definitions

MGL c. 64G, sec. 1 (Room occupancy excise)MGL c. 64G, sec. 1 (Room occupancy excise)

• ““Bed and breakfast establishment”, a private Bed and breakfast establishment”, a private owner-occupied house where owner-occupied house where four or more rooms are let and a breakfast is included in the rent, and are let and a breakfast is included in the rent, and all accommodations are reserved in advance. all accommodations are reserved in advance.

MGL c. 64G, sec. 1 MGL c. 64G, sec. 1

““Bed and breakfast home”, a private owner-Bed and breakfast home”, a private owner-occupied house where occupied house where three or fewer rooms are let and a breakfast is included in the rent, are let and a breakfast is included in the rent, and all accommodations are reserved in and all accommodations are reserved in advance. advance.

Other DefinitionsOther Definitions

Other DefinitionsOther Definitions• MGL c. 64G, sec. 1 MGL c. 64G, sec. 1 • ““Hotel”, any building used for the feeding and lodging Hotel”, any building used for the feeding and lodging

of guests licensed or required to be licensed under of guests licensed or required to be licensed under the provisions of section six of chapter one hundred the provisions of section six of chapter one hundred and forty. and forty.

• Lodging house”, a house where lodgings are let to Lodging house”, a house where lodgings are let to four or more persons not within the second degree of four or more persons not within the second degree of kindred to the person conducting it, licensed or kindred to the person conducting it, licensed or required to be licensed under section twenty-three of required to be licensed under section twenty-three of chapter one hundred and forty. chapter one hundred and forty.

Other DefinitionsOther Definitions• MGL c. 64G, sec. 1 MGL c. 64G, sec. 1 • ““Occupancy”, the use or possession, or the right to the use Occupancy”, the use or possession, or the right to the use

or possession, or possession, of any room or rooms in a bed and of any room or rooms in a bed and breakfast establishment, hotel, lodging house or motel breakfast establishment, hotel, lodging house or motel designed and normally used for sleeping and living designed and normally used for sleeping and living purposes, or the right to the use or possession of the purposes, or the right to the use or possession of the furnishings or the services and accommodations, including furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment, breakfast in a bed and breakfast establishment, accompanying the use and possession of such room or accompanying the use and possession of such room or rooms, for a period of ninety consecutive calendar days or rooms, for a period of ninety consecutive calendar days or less, regardless of whether such use and possession is as a less, regardless of whether such use and possession is as a lessee, tenant, guest or licenseelessee, tenant, guest or licensee

Supreme Court DecisionSupreme Court Decision

City of Worcester vs. College Hill City of Worcester vs. College Hill PropertiesProperties

January 7, 2013 decisionJanuary 7, 2013 decision

Rooming House InterpretationRooming House Interpretation

AIRBNBAIRBNB https://www.airbnb.com/help/question/376https://www.airbnb.com/help/question/376

• When deciding whether to become an Airbnb host, it's When deciding whether to become an Airbnb host, it's important for you to understand how the laws work in your important for you to understand how the laws work in your city.city.

• In many cities, you must register, get a permit, or obtain a In many cities, you must register, get a permit, or obtain a license before you list your property or accept guests. license before you list your property or accept guests.

• By accepting our Terms of Service and activating a listing, By accepting our Terms of Service and activating a listing, you certify that you will follow your local laws and you certify that you will follow your local laws and regulations.regulations.

Couch SurfingCouch Surfing

https://www.couchsurfing.org/https://www.couchsurfing.org/