Regulation of Student Housing.
Boston Municipal Code § 9-9.14
in effect9-9.14 Regulation of Student Housing.
(A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEDROOM. A room occupied for sleeping purposes in a dwelling unit and contains at least 70 square feet of floor space; a room occupied for sleeping purposes in a dwelling unit for more than one occupant shall contain at least 50 square feet of floor space for each occupant.
STUDENT HOUSING. Any privately owned, non-owner occupied unit, building, structure, development or complex of one or more dwelling units in which the total number of full-time undergraduate students residing in the property exceeds the maximum occupancy of the total number of bedrooms in the properly as documented by the data provided to the City Clerk pursuant to the requirements of Sections 10-3 and 10-4 and analyzed by the city.
UNIT. Shall be synonymous as dwelling unit, rental unit or condominium unit.
(B) Registration and application for student housing Certificates of Occupancy.
(1) Any property or unit owner of student housing as defined in this Section shall register and apply for a Certificate of Occupancy with the Inspectional Services Department and obtain an annual Certificate of Occupancy to operate student housing before September 1 of each calendar year of operation. The permit fee shall be $15 for each student housing unit. The permit fees shall be capped at a maximum of $2,500 per building and $5,000 per complex.
(2) The Commissioner of Inspectional Services, or a designee, shall have the discretion to deny a Certificate of Occupancy for Student Housing based upon but not limited to, the following factors:
(a) The property is subject to Subsection 9-1.3, commonly known as the rental registry ordinance, and is not registered;
(b) One or more units in the property has outstanding sanitary, zoning, building or environmental code violations;
(c) The properly or unit owner has any outstanding property taxes, city fees or fines; and
(d) The property or unit owner holds any financial interest in a property designated as a Problem Property pursuant to Subsection 9-13.1.
(3) The Commissioner of Inspectional Services, or designee, may issue a temporary certificate of occupancy at his or her discretion.
(C) Penalties. Any person or entity found in violation of this Section shall be fined $300 per month beginning in the first month in which the unit is found to be in violation and continuing for each subsequent month thereafter until the unit is brought into compliance. Compliance shall constitute obtaining a Certificate of Occupancy for Student Housing.
(D) Right of appeal. The provisions of this Subsection may be enforced in accordance with the non-criminal disposition process of M.G.L. Chapter 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by injunction. The provisions of this Section may also be enforced in accordance with M.G.L. Chapter 40U.
(E) Pilot Program. This Section shall be effective upon passage in order to establish a Pilot Program relating to student housing. The provisions of this subsection shall expire on September 30, 2016.
(CBC 1985 9-9.14; Ord. 2016 c. 4 § 1)
Source: City of Boston, Massachusetts, Boston Municipal Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-6135Fetched: 11/8/2026