City Council - Housing & Community Development Committee Hearing on Docket #1634

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City Council - Housing & Community Development Committee Hearing on Docket #1634

Meeting Date: October 30, 2025, at 02:00 PM Governing Body: Boston City Council - Housing & Community Development Committee Type of Meeting: Public Hearing

Attendees:

  • Councilors: Liz Breadon (Chair), Edward Flynn, Erin Murphy, Gabriela Coletta Zapata, John Fitzgerald, Brian Worrell, Ruthzee Louijeune, Benjamin Weber, Sharon Durkan
  • City Staff: Regina Hansen (Director, Inspectional Services Department), Evangeline Maxwell-Deep Davis (Assistant Commissioner, Inspectional Services Department), Inspector Johnson (Inspectional Services Department), Deputy Superintendent John Brown (Boston Police Department, Zone 1 Commander)
  • Public: Hania Bang, Catherine Bent, Martin Rotor, Ford Cavallari (Chair, Alliance of Downtown Civic Organizations)
  • Written Testimony: Joseph and Angela Mantone, Berna D'Annunzio, Tia, Ann Betalacqua, Jane Biagiotti, Britt McBride (Public Policy Manager, Airbnb New England)

Executive Summary: The Housing & Community Development Committee convened a hearing on Docket #1634 to address ongoing challenges with the City of Boston's oversight and enforcement of short-term rental (STR) regulations. Councilors and residents highlighted issues such as illegal listings, exploitation of exemptions (e.g., hospital stays, extended stays), inadequate fines, and difficulties in verifying primary residency. The Inspectional Services Department (ISD) acknowledged limitations in the current ordinance and staffing, particularly regarding the definition of primary residence, the verification of exemptions, and the lack of a dedicated hearing officer for four years. Public testimony included concerns about quality of life, safety, and housing stock impact, alongside support for responsible STR operations. The committee expressed a strong interest in a working session to explore legislative reforms, including strengthening enforcement mechanisms, increasing fines, and potentially revising or eliminating exemptions.


Docket #1634: Order for a Hearing Regarding Ongoing Challenges with the City of Boston's Oversight of Short-Term Rentals

Sponsors: Councilors Coletta Zapata, Durkan, and Louijeune Referred to Committee: September 10, 2025

Opening Remarks

  • Councilor Liz Breadon (Chair, District 9):

    • Opened the hearing at 2:03 PM.
    • Noted the hearing is recorded and livestreamed.
    • Expressed concerns about new developments being used for STRs, contributing to housing scarcity and driving up rental prices in areas like Allston-Brighton (e.g., Overlook, Avalon, 1515 Commonwealth Avenue).
    • Emphasized the need for periodic review of STR ordinances and potential tweaks.
  • Councilor Gabriela Coletta Zapata (District 1):

    • Stated the original intent of Boston's STR ordinance was to protect housing stock, safeguard neighborhood stability, and prevent homes from being treated as hotels by absentee investors.
    • Highlighted enforcement challenges despite ISD's efforts.
    • Cited specific examples:
      • Two Newton-based property owners in Eagle Hill, East Boston, operating illegal Airbnbs despite multiple violations and clear evidence of non-residency.
      • A Duxbury owner in the North End exploiting the "hospital stay exemption" for tourist rentals.
      • Units in the Heights, East Boston, listed for 29+ nights to evade STR regulations, despite constant guest turnover and disruptive activity.
    • Noted systemic issues: platforms ignoring city orders, ISD fines capped at $300 (insufficient deterrent), and loopholes being "weaponized."
    • Sought answers from ISD, BPD, and policy experts to close enforcement gaps.
  • Councilor Edward Flynn (District 2):

    • Emphasized the importance of the discussion, having worked on the issue for eight years with former Councilors Wu and Edwards.
    • Acknowledged the Chinese Progressive Association's work on housing stock protection and impact on hotel workers.
    • Cited ongoing quality of life and public safety issues in his district due to illegal STRs (e.g., pest control, garbage disposal, late-night parties, noise).
    • Stressed that "enforcement is the key" as laws are already on the books.
  • Councilor Erin Murphy (At-Large):

    • Acknowledged that STRs are not inherently bad and can help homeowners.
    • Recognized "pockets around the city" (East Boston, Savin Hill) where STRs have transformed neighborhoods, converting permanent rentals into transient accommodations.
    • Questioned if new rules are needed or if existing rules require better enforcement and support for ISD and BPD.
  • Councilor John Fitzgerald (District 3):

    • Expressed concern that STRs can quickly get "out of control."
    • Looked forward to understanding how to better collaborate with STR platforms to identify problem or illegal properties.
  • Councilor Brian Worrell (District 4):

    • Expressed interest in learning about enforcement, coordinated efforts, and how councilors can assist.
  • ISD Commissioner (Name not explicitly stated, but likely the lead for ISD):

    • Introduced ISD colleagues: Director Regina Hansen, Assistant Commissioner Evangeline Maxwell-Deep Davis, and Inspector Johnson.
    • Stated the ordinance aims to balance home sharing benefits with housing stock protection and neighborhood stability.
    • Credited the ordinance with reducing listings by up to 56%.
    • Acknowledged remaining challenges and ISD's commitment to enforcement.
    • Described ISD's process: investigating complaints, working with residents and platforms, and collaborating with BPD, Mayor's Office of Housing, Law Department, and 3-1-1.
    • Identified limitations:
      • Enforcement is more complex for "hospital stays" or "corporate housing."
      • Operational timelines for enforcement may not satisfy all residents.
  • Deputy Superintendent John Brown (Boston Police Department, Zone 1 Commander):

    • Introduced himself as Zone 1 Commander (encompassing East Boston, downtown, and up to District 9).
    • Prepared to discuss BPD's role in responding to complaints.

Public Testimony

  • Hania Bang (Resident, 108-110 Trenton Street, East Boston):

    • Thanked Councilor Coletta Zapata for leadership.
    • Described over a year of disturbances from illegal STRs at her address.
    • Stated neither owner of Unit 1 or 2 lives on Trenton Street, despite claims.
    • Unit 1 owner's STR application was rejected in 2024, but continued to rent until August.
    • Unit 2 owner obtained a permit despite not living in the building.
    • Impacts: noise (including a large Airbnb party requiring police response in July), safety concerns due to constant turnover, loss of community, main doors left open, improperly disposed trash (leading to rodent issues).
    • Noted significant insurance liability as their building policy does not cover STR activity.
    • Forced to hire legal counsel due to ISD's "lack of proper enforcement."
    • ISD issued $300 fines, which were "insufficient" given illegal rentals bring $300 per night.
    • Urged stronger oversight and accountability for persistent violators.
  • Catherine Bent (Homeowner & Airbnb Host, Jamaica Plain):

    • An Airbnb host since 2012.
    • Expressed gratitude for the regulation process, which benefits homeowners like herself (an artist) by providing income.
    • Supported enforcement efforts and the existing system.
    • Appreciated platforms (Airbnb, Vrbo) handling hotel occupancy tax and bureaucracy.
  • Martin Rotor (Resident, Back Bay):

    • Referenced a 2022 situation where abutters prevented a lodging house from converting to an STR by outside investors.
    • Highlighted "significant number of loopholes" in the ordinance, including "executive suites" and "hospital stays" being exploited.
    • Cited Belfast, Northern Ireland, facing similar global STR problems.
    • Applauded councilors' efforts to tighten the ordinance to prevent outside investors from taking over residences, especially given Boston's need for affordable housing.
    • Emphasized residents' critical role in identifying and addressing issues.
  • Councilor Coletta Zapata (Reading written testimony):

    • Joseph and Angela Mantone (Residents, 13 Margaret Street, North End):
      • Lifelong North End residents.
      • Observed frequent turnover of guests (2-3 days) at 13 Margaret Street, despite claims of "medical reasons."
      • Reported guests drinking/smoking outside, trash issues, and bikes/scooters bolted to their property.
      • Noted the landlord does not appear to reside next door.
      • The Airbnb listing does not mention medical reasons.
    • Berna D'Annunzio, Tia, Ann Betalacqua: Similar situations.
    • Jane Biagiotti (Resident, 1016 Bennington Street, East Boston): Claimed property used for "hospital stay" but observed multiple individuals coming and going for short periods.
    • Britt McBride (Public Policy Manager, Airbnb New England):
      • Stated Airbnb provides "necessary option" for travelers (family, medical, business).
      • Claimed diffusion of tourism dollars to non-typical tourist areas.
      • Committed to working with the city.
      • Highlighted the "City Portal" (introduced in 2021) as a self-service interface for the city's STR agency, providing listing ID, license number, status, and exemption information.
      • Noted monthly reports for deeper insights into local listings and travel trends.
  • Councilor Sharon Durkan (District 8):

    • Co-sponsored the hearing order.
    • Reiterated the ordinance's goal to balance STR benefits with housing protection and neighborhood stability.
    • Acknowledged enforcement as a "huge challenge," citing a similar hearing order she filed last year.
    • Noted over 1,000 STR properties in the city, with many repeat offenders and code violations (e.g., trash disposal).
    • Stated "outdated technology" burdens staff.
    • District 8 has one of the highest concentrations of STRs (e.g., South Russell Street, Beacon Hill, Keswick Street, Audubon Circle, Beacon Street, Fenway).
    • Expressed concern about potential influx of STRs for FIFA and the 250th anniversary.
    • Stated her personal goal is "not to reopen the ordinance" to avoid legal challenges, but may be forced to if Airbnb "doesn't get in line."
    • Met with Airbnb, who expressed interest in improving compliance.
    • Thanked Regina Hansen for her work.

Administrative Panel Discussion and Questions

  • ISD Response to Public Testimony (Regina Hansen, Evangeline Maxwell-Deep Davis):

    • Trenton Street Case:
      • Primary Residence Definition Challenge: The ordinance allows proof of residency via utility bill, voter registration, RMV documentation, or state ID. Owners providing these documents are issued licenses, even if they change addresses "pretty freely." The definition of primary residence (residing 9 of 12 months or intending to) is difficult to verify.
      • 108-110 Trenton Street, Unit 1:
        • No active licenses or online listings currently.
        • Five applications were denied.
        • ISD's first action for non-compliant listings is to request a block from the hosting platform (Airbnb gives 23 days for hosts to correct).
        • May 22: Ticket issued to operator's application address (bad address).
        • June 5: Ticket reissued to Newton, MA address.
        • July 3: Owner paid ticket.
        • August 1: Another ticket issued (due to scrubbing software updating monthly), served to Newton address, remains unpaid.
      • 110 Trenton Street, Unit 2:
        • Applied for license Oct 2024 (denied).
        • May 2025: Submitted application with letter of intent to occupy 9 of 12 months.
        • Provided car registration, city parking permit, utility bill (meeting ordinance requirements).
        • Requested a "limited share license" (extra bedroom rental).
        • ISD contacted VRBO on July 24 regarding whole unit rental advertisement; VRBO stated they only remove listings without a license.
        • August 17: Owner removed listing from VRBO after telephone conversations.
        • Ticketed $300, unpaid.
    • 11 Thurston Street:
      • No active license, never applied, no online listing currently.
      • May 2025: Complaint received, but no listing found.
      • April 17 (email): Constituent reported occupants staying 4-6 weeks (not considered short-term).
      • Online listing eventually found specified a 29-night minimum (Airbnb's tactic to evade 28-day STR rule when blocked).
      • July 3, 2024: Ticket issued after documented stay, paid.
    • 13 Margaret Street:
      • Two units listed for "hospital stays" (issued Dec 2023, Feb 2025).
      • Legal division advised in Nov 2024 that the ordinance "does not have specific requirements on what has to be on the online listing" regarding medical stays.
    • Evidence Limitations: Complaints like "presence of suitcases" or "guest behavior" are not sufficient evidence to disprove documentation (e.g., contracts with hospitals/non-profits for hospital stays).
  • Councilor Coletta Zapata's Questions:

    • 29-night minimum: Asked about the "skirting around the rules" and constituents' desire for legal changes.
    • 11 Thurston Street: Confirmed a ticket was issued in July after a listing was found, despite initial claims of no listing/license.
    • Scrubbing System: Inquired about the frequency of data updates (monthly for documented stays) and the ability to use Airbnb's "bespoke tool" for real-time information.
      • Regina Hansen clarified she checks for licenses first, then uses Host Compliance (scrubbing software) for addresses. Host Compliance provides documented stays and listing status.
      • The scrubbing software focuses on Airbnb, VRBO, and Booking.com.
    • Verification of Nefarious Practices: Asked about the process when documentation (e.g., utility bill) appears legitimate but is suspected to be false.
      • ISD sends inspectors to properties, knocks on doors, talks to neighbors, checks assessing database for residential exemptions.
      • ISD must adhere to the ordinance's definition of primary residence (9 of 12 months or intent to reside).
    • Staffing: Inquired about Regina Hansen's workload.
      • Regina Hansen is the primary reviewer for 903 applications this year, handling 14-40 in queue, plus enforcement, constituent inquiries, and other housing division programs. She is the only person in this role, with an inspector two days a week.
      • ISD provides a yearly report to the council with registration figures by type and neighborhood (totaled 989 registrations last year).
  • Councilor Flynn's Questions:

    • Regulation Challenges: Asked how to regulate the industry given that "almost 40% of Airbnb listings are illegal."
      • ISD stated it's a challenge, relying on complaints to identify unregistered listings.
    • Hearing Officer: Inquired about the lack of a hearing officer for four years.
      • Regina Hansen explained that STR tickets (under 40U) allow for hearings, but there was no unbiased third-party hearing officer.
      • ISD Commissioner stated they are rehiring, with offers out for the first and interviews for the second. They are overseen by ISD but budgeted under the Boston Transportation Department.
      • The lack of hearing officers impacted ticket issuance but not other enforcement (e.g., taking down listings).
      • Council was not specifically notified about the lack of hearing officers, but staffing challenges during COVID were generally known.
    • Problem Properties: Asked how many Airbnbs were removed from the city registry due to being "bad actors."
      • ISD could not provide a number but confirmed properties with STR licenses are expected to be in good standing and not on the problem property list.
  • Councilor Fitzgerald's Questions:

    • 29-Day Loophole: Confirmed that when a listing is flagged, it often converts to a 29-day minimum stay, which is not covered by the ordinance.
    • Platform Technology: Asked about the use of Airbnb's compliance portal.
      • Regina Hansen uses it daily to look up listings, approve/deny new listings, and request blocks.
      • Noted that Airbnb gives a 23-day waiting period after a block request, during which the host can correct the listing. If not corrected, the listing cannot be re-established, and hosts lose reviews/Superhost status.
  • Councilor Louijeune's Questions:

    • Hospital/Business Stay Verification: Asked how legitimacy is determined.
      • ISD requires a contract between the property owner and a charity/health organization.
      • Regina Hansen stated she has "no reason to question it" as they meet ordinance requirements.
      • Currently, 307 home share licenses and 338 hospital stay licenses exist.
      • ISD cannot use "guest behavior" to disprove documentation.
    • Platform Role: Asked if platforms (Airbnb/VRBO) have a role in verification.
      • Their current role is to verify an STR number.
    • Complaint Origin: Asked if complaints are more from home stays or hospital stays.
      • Regina Hansen does not have specific data but noted the "vast majority" of enforcement is "complaint driven."
    • Staffing: Reiterated Regina Hansen is the only person in this role, with other responsibilities.
  • Councilor Weber's Questions:

    • Unregistered Listings: Asked if Airbnb/VRBO can list unregistered units.
      • Airbnb listings are supposed to go through a "pending approval process" and not go live until approved by the city. However, some "get around" this.
      • VRBO has no such mechanism; ISD relies on a contact to remove unlicensed listings.
    • Prominence of License Number: Suggested VRBO make license numbers more prominent.
    • Staffing/Recommendations: Asked ISD Commissioner for recommendations to improve.
      • ISD has focused on improving operations and agreements with platforms rather than growing staff. Staffing needs are "always in the conversation."
    • Ordinance Review: Asked if the ordinance needs review for VRBO.
      • The ordinance applies to all, but operational differences exist between platforms.
  • Councilor Durkan's Follow-up Questions:

    • Trash/Code Violations: Highlighted issues like trash disposal and rat problems from STRs.
    • Exemptions: Asked if the administration has considered removing exemptions (like New York City), acknowledging the political challenges.
      • ISD would participate in any legislative discussion but would not express a position.
    • License Suspension Process: Inquired about the process and number of suspended licenses annually (ISD to provide data).
    • Coordination with Code Enforcement: Asked if code enforcement information could automatically trigger suspensions for repeat violations (e.g., three trash violations).
      • ISD confirmed this is not currently in place but agreed on the need for systems to communicate.
    • Technology/CRM: Asked about new technologies and if improved systems would help.
      • ISD agreed on the need for internal systems to communicate and for enforcement to be included in permitting transformation.
      • Suggested platforms should pay for integration with city systems.
    • License Number Issuance: Asked if license numbers are issued without approval.
      • Regina Hansen confirmed that applicants receive a license number upon submission, before review. This is a "big issue" as it allows them to list before approval.
      • Regina Hansen believes a license number should not be issued until approved.
  • Councilor Breadon's Follow-up Questions:

    • Units in Trust: Asked how STRs are handled if a unit is in trust.
      • The applicant must be a trustee and a resident.
    • Fines: Confirmed the $300 fine is set in the ordinance and would require an ordinance amendment to increase.
    • Exemptions: Asked about the number and types of exemptions.
      • Types: Home share, limited share, owner adjacent (STRs).
      • Non-STR carve-outs: Hospital stays, licensed lodging houses, business stays, existing bed and breakfasts.
    • Corporate Rentals/Heat Spots: Asked about large corporate rentals in new developments (e.g., Overlook, Continuum, Allston Labs) being used as STRs, undermining long-term housing goals.
      • ISD relies on alerts from the community. If they meet hospital/corporate stay requirements, enforcement is limited.
    • Veracity of Hospital Stays: Asked if ISD can verify if hospital stays truly serve the targeted population.
      • ISD is "not equipped to do" this. Regina Hansen checks if the entity is a registered charitable organization.
  • Councilor Coletta Zapata's Second Follow-up Questions:

    • Hospital vs. Business Stays: Asked for numbers and verification process.
      • 14 business stay licenses.
      • 338 hospital stay licenses.
      • 202 lodging house licenses.
      • 4 bed and breakfast licenses (includes houseboats).
    • Timeline for Enforcement: Reiterated concern about the time it takes to pull down illegal listings, citing an East Boston example from Sept 2024 to July/Aug.
      • Regina Hansen explained the volume of applications (2,000+ listings), renewals, and coaching hosts through the process consumes significant time.
      • For 110 Trenton Street, the applicant provided documentation (car registration, utility bill, parking permit) and a letter of intent to reside. The license was later revoked when he failed to occupy for nine months.
    • Host Compliance System: Inquired about the monthly update frequency and if it could be weekly.
      • Regina Hansen is the user; Host Compliance is an independent vendor. She will inquire if weekly updates are attainable.
    • Rewarding Good Behavior/Bad Actors: Asked about using business certificates as leverage.
      • Business certificates are issued after the STR certificate.
      • ISD reviews past revocations for new applications.
      • The ordinance has stipulations for denying licenses based on violations within a six-month period, but applicants can reapply after that period.

Public Testimony (Continued)

  • Ford Cavallari (Chair, Alliance of Downtown Civic Organizations):
    • Commended ISD for doing a "great job in an impossible situation."
    • Explained that Airbnb sued the city under Section 230 Communications Decency Act, allowing them to "trump all local laws."
    • Noted that Adam Cederbaum (now Corporation Counsel) won part of the lawsuit, establishing the 27-day clock for Airbnb to address flagged listings.
    • Criticized Host Compliance: refuses to share data, and his organization's investigation showed a "cozy relationship" with Airbnb.
    • ADCO's independent tracking showed that in 2019, 20% of Airbnb listings were legally registered, and this remained 20% in late 2023.
    • Stated 40% of units are "just illegal" (fake/reused registration numbers, self-exemptions).
    • Identified another 40% as "long-term rental stays" (29+ days) that are actually short-term, evidenced by frequent reviews.
    • Highlighted the "executive suite" loophole: ZBA grants occupancy changes, exempting them from STR rules and hotel taxes, creating "fake hotels" without proper trash/security/fire safety.
    • Concluded it's a "policy problem," not an "enforcement problem."
    • Suggested solutions:
      • Licensing component for hospital/executive suite stays (like hotels/dormitories).
      • Working session to open up the ordinance.
    • Warned that Airbnb will likely withdraw data if the ordinance is changed, but their current interaction is "so poor" it's worth it.
    • Cited Airbnb's lobbying against New York City's ordinance, stating they are "not our friends, they're not our partners."

Closing Comments

  • Councilor Coletta Zapata:

    • Thanked attendees and identified the scope of the issue.
    • Committed to developing policy solutions in the new year.
  • Councilor Ruthzee Louijeune:

    • Thanked Councilor Coletta Zapata and ISD staff.
    • Acknowledged the difficulty but importance of the work.
    • Expressed interest in work sessions to find solutions, especially with major events (FIFA, 250th) approaching.
    • Thanked constituents and her staff for raising alarm on hospital stay issues.
  • Councilor Edward Flynn:

    • Committed to advocating for new policy and strict enforcement if re-elected.
    • Focused on quality of life for residents (noise, pest control, garbage) and the impact on the economy and hotel industry.
    • Acknowledged neighborhood and civic associations' leadership.
  • Councilor Liz Breadon:

    • Thanked all for the discussion and work.
    • Committed to a working session in the new year to "tweak or improve" the ordinance's implementation.
  • ISD Commissioner:

    • Thanked the Council for the discussion and praised her team (Regina, Evangeline, Inspector Johnson) and BPD for their daily enforcement support.

Meeting Adjourned.

Last updated: Nov 15, 2025