Salem Code of Ordinances ch. 15 § 15-6
Requirements for short-term rentals
Operative Text
An operator may only offer a short-term rental subject to the following provisions: (1) Registration pursuant to section 2-705 . Consistent with section 2-705 , every new owner and/or operator is required to complete a new registration form and obtain a new certificate of fitness prior to making the unit available as a short-term rental. [1] To cover the expenses associated with monitoring compliance with the requirements of the ordinance, the director of inspectional services shall be authorized to set an annual registration fee per short-term rental unit, in addition to any fee that may be charged for certificate of fitness inspection(s), not to exceed the pro-rata cost to the city for monitoring and enforcement of this section. (2) Short-term rental of a home share unit. An operator may use their entire home share unit as a short-term rental without a limitation as to the number of days per year. Individual rooms within home share units may not be offered as separate short-term Rentals. (3) Short-term rental of a limited share unit. An operator may use their limited share unit as a short-term rental without limitation as to the number of days per year. (4) Short-term rental of a non-owner occupied unit . An operator may use their non-owner occupied unit as a short-term rental only if the operator was engaged in the short-term rental of the property as of the date this ordinance was filed with the council and provided that the operator obtains a special permit from the zoning board of appeals. Qualifying operators must petition for a special permit within 60 days of the date of passage of this ordinance in order to be eligible for this exception. Rentals of non-owner occupied units must be for the entire unit; individual rooms within non-owner occupied units may not be offered as separate short-term rentals. Non-owner occupied units used for short-term rental under this subsection shall be subject to section 36-6 of the ordinance and required to pay a trash fee, but shall not be eligible for a vacancy waiver pursuant to section 36-6 d. (5) Short-term rental of an owner-adjacent unit. An operator may use their owner-adjacent unit as a short-term rental without limitation as to the number of days per year. Rentals of owner-adjacent units must be for the entire unit; individual rooms within owner-adjacent units may not be offered as separate short-term rentals. (6) Permission of owner. An operator must certify at the time of registration that they have the following permissions to offer their residential unit as a short-term rental: a. Operator is the owner of the residential unit offered as a short-term rental or is a tenant who uses the residential unit as their primary residence and has the permission of the owner; and b. that offering the residential unit as a short-term rental complies with applicable condominium documents, bylaws, leases, or other governing documents. (7) Local contact. When registering, an operator must provide their name and contact information, and, in the event the operator is not present during the short-term rental, the name and contact information of an individual who is able to respond in person to any issues or emergencies that arise during the short-term rental within two hours of being notified. Contact information must include a telephone number that is active 24 hours per day to tenants, short-term rental occupants, and public safety agencies. This phone number shall be included in the registration of the short-term rental unit at the time of registration. (8) Compliance and interaction with other laws. The operator shall comply with all applicable federal, state, and local laws and codes, including but not limited to the Fair Housing Act, M.G.L.A. ch. 151B and section 2-2055 of this Code, and all other regulations applicable to residential dwellings. The residential unit offered as a short-term rental shall continue to be subject to the requirements of section 2-705 of this Code to obtain a certificate of fitness and the applicable requirements of the state sanitary code. Occupancy limits contained in the zoning ordinance and the state building and sanitary codes shall apply. A residential unit offered as a short-term rental may also be subject to annual fire prevention inspection. (9) Retention of records. The operator shall retain and make available to ISD and/or the Health, Police and Fire Departments, upon written request, records to demonstrate compliance with this section, including, but not limited to: records demonstrating number of months that operator has resided or will reside in the residential unit and records showing that operator is the owner or valid leaseholder of the residential unit offered as a short-term rental. The operator shall retain such records for a period of three years from the date the residential unit is last registered for a certificate of fitness inspection. (10) Notifications. a. The operator shall furnish each guest with a community information card containing, at a minimum, (a) emergency telephone numbers for the Salem Police Department and Salem Fire Department, (b) a description of the regulations, if any, relative to on-street parking at the address and fines for parking violations, (c) a description of the city's trash and recycling requirements, including the date of trash and recycling collection at the address, and (d) a copy of the city's noise ordinance. A current copy of the unit's community information card should be furnished to the city at the time of registration or inspection. The operator shall also post a sign on the inside of the residential unit providing information on the location of all fire extinguishers in the unit, and, if applicable, the location of all fire exits and pull fire alarms in the dwelling. b. The Operator, upon listing a short-term rental with a booking agent, or modifying an existing listing shall file with the city an exact duplicate of the listing, including property address. Listings must specify the quantity of off-street parking, if any, and whether or not the address is located in a resident-parking zone, including the October resident-parking zone. The city shall maintain a list of the address and unit type of all short-term rentals on file with the city that are currently being offered. c. The operator must have on file with the city the name and contact information for the operator if local or, if not local, the name and telephone number of an individual who can respond in person to any issues or emergencies at the property within two hours of being notified. d. Any listing made by the operator with any booking agent or on any website shall prominently display proof of current registration and receipt of a certificate of fitness within the prior 12 months.
Salem Code of Ordinances ch. 15 § 15-6 establishes a comprehensive set of conditions that must be met before any short-term rental can be offered in Salem. The rule distinguishes between different unit types—home share, limited share, owner-adjacent, and non-owner occupied—each carrying its own eligibility rules, with non-owner occupied units facing the most restrictive path requiring a special permit and pre-existing use. Across all unit types, operators must register, obtain a certificate of fitness, maintain a 24-hour local contact, provide guests with a community information card, and keep records for three years. Listings on any booking platform must prominently display proof of current registration and a certificate of fitness issued within the prior 12 months.
Plain English — not legal advice.
Operators subject to Salem Code of Ordinances ch. 15 § 15-6 generally complete a registration form and obtain a certificate of fitness before making any unit available as a short-term rental, and they renew that registration annually. Compliant operators designate a local contact who can respond in person within two hours, maintain a 24-hour active phone number on file with the city, and furnish each guest with a community information card covering emergency contacts, parking rules, trash schedules, and the noise ordinance. Operators also file an exact duplicate of any booking-platform listing with the city, ensure all listings display current registration and certificate-of-fitness proof, and retain compliance records—including residency and ownership documentation—for three years from the last registration date.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a tenant who uses a residential unit as your primary residence, Salem Code of Ordinances ch. 15 § 15-6 allows you to offer that unit as a short-term rental only with your landlord's written permission and in compliance with any applicable lease or governing documents. The provision also requires that any operator renting to short-term guests provide a community information card with emergency numbers, parking information, trash schedules, and the noise ordinance, and post fire-safety information inside the unit—rights that short-term occupants can look to as baseline protections. If you believe an operator is not meeting the requirements of § 15-6, general enforcement paths include contacting Salem's Inspectional Services Department or consulting a tenant-rights organization familiar with Massachusetts housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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