Fall River, Massachusetts Short Term Rental Regulations Guide for Airbnb hosts

Executive Summary: Are Short-Term Rentals Allowed in Fall River, MA?

YES, short-term rentals are now legal in Fall River, MA as of Ordinance No. 2025-07, passed by the City Council on April 8, 2025, and approved by the Mayor on April 9, 2025. However, the operation of short-term rentals is subject to strict regulations designed to maintain neighborhood character while providing limited income opportunities for residents.

This represents a significant shift in policy, as short-term rentals were previously not recognized under city law, leading to enforcement actions and legal disputes with property owners operating listings on platforms like Airbnb and Vrbo.

How to Start a Short-Term Rental Business in Fall River

Step 1: Eligibility Assessment

Before proceeding with registration, confirm that your property meets the following basic criteria:

The property must be your primary residence (you must reside there for at least 9 months per year)
The property cannot be located in a single-family residence zoning district
The property must have no outstanding building, sanitary, zoning, or fire code violations
You must have no unpaid taxes, fines, or liens on the property
The property must be legally allowed to be leased or sub-leased under federal, state, or local law
If in a condominium, you must have written permission from the condominium association

Step 2: Prepare Required Documentation

Gather all required documents before beginning the registration process (see detailed document requirements below).

Step 3: State Registration

Register with the Massachusetts Department of Revenue on MassTaxConnect
This is mandatory for all short-term rental operators in Massachusetts

Step 4: City Registration

Submit all required documents to the Fall River Inspectional Services Division
Pay the $50 annual registration filing fee
Complete and sign the Affidavit of Operator

Step 5: Post-Registration Requirements

Provide notice to all abutters within 30 days of registration
Post house rules inside the rental property
Maintain compliance with all safety codes and ordinances

Required Documents, Permits, Licenses, and Guidelines

State Requirements

Massachusetts DOR Registration Certificate
- Obtained through MassTaxConnect
- Required for all short-term rental operators in Massachusetts

City Requirements

Proof of Ownership
- Copy of the property deed
Proof of Primary Residence
- Copy of driver's license or state-issued identification
- Utility bill or voter registration
Fire Department Certificate of Compliance
- Must indicate compliance with smoke detector and carbon monoxide requirements
- Must comply with Massachusetts General Laws, Chapter 148, § 26E
Affidavit of Operator
- Must include:
  - Name and contact information for operator and local contact
  - Description of the short-term rental (number of bedrooms/units available)
  - Sworn statement that operator owns and resides in the unit for at least 9 months per year
  - Sworn statement certifying full compliance with all applicable laws and codes
Annual Filing Fee
- $50, payable to Inspectional Services

Ongoing Compliance Requirements

Annual Certification
- File sworn certification attesting to continued compliance annually
Abutter Notification
- Provide notice to all abutters within 30 days of registration
- Must be provided annually thereafter
- Must include operator contact information, local contact information, and registration number
House Rules Posting
- Must post inside the rental property:
  - Contact information for operator and local contact
  - Waste disposal instructions per city's recycling and trash programs
  - Parking regulations information
  - Noise ordinance statement

Specific Regulations for Short-Term Rentals in Fall River

Operational Restrictions

Maximum Occupancy: 8 guests total, or 2 guests per bedroom (whichever is fewer)
Rental Duration: Maximum of 30 consecutive days to one party at a time
Primary Residence Requirement: Operator must reside in the dwelling for at least 9 months per calendar year
Single-Party Rule: No renting separate bedrooms, beds, or spaces to separate parties
Quiet Hours: 10 p.m. to 7 a.m. on weekdays; 10 p.m. to 8 a.m. on Sundays

Prohibited Properties

Properties in single-family residence zoning districts
Non-primary residences
Income-restricted residential units
Properties subject to affordability covenants
Properties receiving housing or rental assistance
Properties where short-term rental is barred by federal, state, or local law
Properties with condominium or HOA restrictions prohibiting short-term rentals

Safety and Compliance Requirements

No outstanding building, sanitary, zoning, or fire code violations
No unpaid taxes, fines, or liens
Compliance with all smoke detector and carbon monoxide requirements
Posting of house rules inside the rental property
No signage associated with the short-term rental on the premises

Enforcement and Penalties

Three or More Violations: Property becomes ineligible for short-term rental use for 6 months from the third or subsequent violation
Outstanding Issues: Short-term rental use must be terminated until any violation, fine, tax, or order to take corrective action is resolved
General Penalties: Subject to general penalties set forth in § 1-15 of the City Code or the non-criminal procedure set forth in §§ 2-1021 through 2-1025
Separate Offenses: Each violation constitutes a separate offense; each day a violation continues constitutes a separate offense
Liens: Failure to pay any fine constitutes a debt in favor of the city, which may place a lien on the property if not paid within 60 days

Taxes and Fees

State Tax: 5.7% excise tax on short-term accommodations
Local Tax: 4% room occupancy tax (mirrors hotel tax rate)
Community Fee: Potential 3% "community fee" to mitigate neighborhood impacts
Registration Fee: $50 annual filing fee to Inspectional Services

Contact Information

Primary Contact

Fall River Inspectional Services Division

Address: 1 Government Center, Fall River, MA 02722
Phone: (508) 324-2500
Website: fallriverma.gov

Additional Contacts

Massachusetts Department of Revenue (MassTaxConnect)

Website: mass.gov/service-center/masstaxconnect

Fall River Fire Department

Address: 1400 Bay Street, Fall River, MA 02721
Phone: (508) 324-2700

Fall River City Council

Website: fallriverma.gov/government/city_council/index.php

Links to Source Pages

Investment Considerations for Fall River STR Market

Fall River's new short-term rental ordinance presents both opportunities and challenges for investors. The strict primary residence requirement significantly limits investment potential, as only owner-occupied properties qualify. The eight-guest maximum and single-party rule further restrict revenue potential compared to other markets.

The prohibition on properties in single-family zoning districts is particularly impactful, as it excludes many of the city's residential properties from short-term rental use. This has implications for the overall supply of available short-term rentals and may concentrate activity in specific zoning districts.

The enforcement mechanism, which includes a six-month ineligibility period after three or more violations within a twelve-month period, provides a strong incentive for operators to maintain high standards and good neighbor relations.

From a financial perspective, investors should account for the 4% local tax rate, potential 3% community fee, and $50 annual registration fee when calculating potential returns. The state 5.7% excise tax further reduces net revenue.

Given the strict regulatory framework and primary residence requirement, Fall River's short-term rental market will likely remain limited compared to other cities, which may protect neighborhood character but also limits investment opportunities.

Source: Content based on Fall River Ordinance No. 2025-07 and related news reports and analyses.

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