Short-term rentals (“STRs”) have long existed as an option for vacation, work travel, or simply to avoid having to crash with the in-laws when visiting family. The internet, on the other hand, and sites
such as Airbnb, Vrbo, HomeAway, and other platforms that make it easy for property owners to list their home for rent and effortless for consumers to book their stay, are relatively new in the scheme of things. Short-term rental listing services, such as Airbnb, are associated with the real estate industry because of the service they provide. However, these platforms, which underpin the short-term rental industry as we know it, are worlds away from the everyday operations of owning and renting a short-term rental property.
Understanding the current state of the law is a useful tool for considering the STR regulations and restrictions in your own community.
Currently, there is no federal law directly governing STRs, and the problems faced by communities and property owners dealing with short-term rentals are principally legislated and regulated only at the state and municipal levels. This past summer, many cities across the country, including Boston, were asked to reconsider certain local and statewide regulations on STRs in advance of an unprecedented level of demand for the World Cup. Some cities that have relatively strict restrictions were asked by STR listing platforms to weaken or temporarily suspend regulations in anticipation of increased demand. Boston was no different; in early 2026, Airbnb asked the City of Boston to temporarily loosen the restrictions on STRs to provide more lodging for the World Cup.
Since there is no federal law directly controlling the industry of STRs, and there are often unique state and municipal laws and regulations, a global company such as Airbnb faces different regulations between cities and states. Boston, perhaps unsurprisingly, has relatively stringent restrictions on STRs, including liability insurance requirements, occupancy taxes, an owner-occupancy requirement, a requirement that any short-term rental property be registered with the City, and an annual fee that varies with the type of rental. Additionally, the Boston ordinance, “An Ordinance Allowing Short-Term Residential Rentals in the City of Boston,” imposes reporting and enforcement requirements on STR platforms. Though Boston did not relax its STR regulations for the sake of its status as a host city for this summer’s World Cup events, it nevertheless saw a significant increase in short-term rental reservations over the course of the tournament.
Short-term rentals are almost always a timely topic of discussion for condominiums—whether to allow them, what restrictions to put on unit owners who want to list a unit for short-term rental, and how to enforce the condominium’s rules and community standards as to short-term renters. Understanding the current state of the law is a useful tool for considering the STR regulations and restrictions in your own community.
Present State of the Law
At the nationwide level, there are no
federal laws directly regulating the short-term rental industry. A few states
have general requirements that apply to short-term rentals state-wide. Many
towns and municipalities, particularly vacation towns such as beachfront or ski
towns in New England, have local restrictions and zoning ordinances to regulate
STRs in the town. Condominium and homeowners associations have significant
power to restrict STRs by way of the governing documents. Some associations
impose outright bans on short-term rentals, while others impose rules such as
minimum duration of stay.
Some towns and municipalities control the quantity and locations of STRs by amending local zoning ordinances to define the use as either business or residential. Vacation communities, such as waterfront and ski communities, often have ordinances requiring registration, application fees, and parking requirements, so the town can keep track of how many properties are available for short-term rental and where they are located. Larger cities may have different priorities, such as preventing corporate entities from monopolizing the short-term rental market (as demonstrated by the owner-occupancy requirement in Boston).
Laws, ordinances, and regulations like the ones described above generally seek to balance governmental concerns, such as tax implications, economic and tourism impacts, and housing availability, with the problems faced by community members, such as disruption to the neighborhood, parking availability, and affordability of real estate for would-be homebuyers. However, not even one of these laws directly regulates the most powerful players in the short-term rental industry: the listing service platforms.
Why Not Just Legislate at the Source?
At the center of the short-term rental industry are companies like Airbnb, which provide an online platform for homeowners to list property for short-term rental. Airbnb has expanded the short-term rental market, making it difficult for states, towns, and community associations to regulate STRs on such a large scale. In particular, condominium associations often run into problems because owners and renters deal exclusively with Airbnb, and the association is completely left out of a transaction in which it has a vested interest. Airbnb may require a property owner to confirm that the listing complies with any applicable regulations, but it does not have any incentive to actually ensure compliance. So, why not just enact a federal law that makes Airbnb responsible for listing a short-term rental that violates local law or condominium association regulations?
The Communications Decency Act, 47 U.S.C. § 230 (“Section 230”), is the law which provides “limited federal immunity to providers and users of interactive computer services.” Under Section 230, internet service providers generally cannot be held legally responsible for information provided by users. Like any other internet platform, short-term rental listing services enjoy protection under Section 230, which generally shields these sites from liability for misinformation, such as a misleading property description, a problem with the property, or a condominium unit owner who lists their unit in violation of the association’s governing documents. The company may have a moral or financial incentive to issue a refund for a sketchy property description or undisclosed damage to the property, but, under Section 230, they generally have no legal responsibility.
Responsibility of Short-Term Rental Listing Services
At this time, it does not seem likely that we will see any major changes to federal regulation of short-term rental listing services, like Airbnb, in the near future. In Section 230’s history, proposed federal legislation to amend the law has been generally unsuccessful, and courts have, in practice, interpreted Section 230 immunity to be almost unlimited. It is possible that a federal law amending Section 230 would create more legal responsibility for a platform like Airbnb. In 2019, the House of Representatives introduced H.R. 4232, the “Protecting Local Authority and Neighborhoods Act,” which proposed amending Section 230 to allow certain claims against Airbnb and other short-term rental listing services; however, the proposed legislation was never enacted and has yet to be reintroduced. Although leaders on both sides of the political aisle have expressed disapproval of Section 230’s broad, limitless protections, proposed changes to the law have generally not garnered enough support to legislate any change.
Unlike the current state of the law at the federal level, and by way of example, the City of Boston’s short-term rental ordinance does allow certain reporting and enforcement responsibilities for STR platforms. Under the Boston ordinance, the Commissioner of the Boston Inspectional Services Department can enter into agreements with listing services for assistance in enforcing the provisions of the ordinance, including asking the listing service to remove the listing if it violates the City’s regulations. The ordinance also requires listing services to provide monthly reports on listings located in Boston.
Many condominium associations impose certain restrictions on STRs to protect the standards for the community and the wellbeing of residents. Although there is currently no federal law governing STRs or regulating STR listing service platforms, many of the complexities of the short-term rental industry are problems presented by the huge scale of the internet-based short-term rental industry. Knowing what regulations on STRs have already been enacted on the state and local level can help condominium associations consider what additional restrictions might be desirable to promote the safe and efficient management of short-term rentals in their own communities.
Bridget is a Co-chair of REBA’s New
Lawyers Section and its Diversity, Equity, Inclusion and Belonging
Section. She is in associate in the
Quincy-headquartered law firm of Moriarty, Bielan & Gamache LLC, practicing
in the firm’s real estate and litigation departments. She can be contacted at brose@mbgllc.com.




