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.