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Short-Term Rentals: Navigating New Regulations and Appraisal Challenges

Short-term rental property with new regulations impacting appraisals

Appraising properties with short-term rental (STR) potential (like Airbnb) is complex. The appraiser’s first and most crucial step is to determine if the STR use is legally permissible as the “Highest and Best Use,” which is increasingly difficult due to strict new regulations in places like Boston (which only allows owner-occupants). If the use is allowed, valuation is still challenging: the Sales Comparison Approach requires finding comps that also have STR potential, and the Income Approach must factor in higher vacancy rates and extra expenses (e.g., cleaning, marketing), often making STR income a “complementary” factor rather than the primary indicator of value.

Short-term rentals are reshaping the real estate market, but new regulations and appraisal challenges are key factors appraisers must navigate. Platforms like Airbnb and VRBO have introduced alternative rental models, creating opportunities and complexities for property owners and appraisers alike

The digital age has disrupted many traditional businesses. Ridesharing has upset the taxi business; online marketplaces have, to a large extent, replaced newspaper classified ads. Residential real estate markets are flexing to accommodate fast-growing short-term rental companies such as Airbnb and VRBO. Owner-occupied homes now have the potential for limited rentals; houses purchased for investment may have alternative rental opportunities. Well-informed and competent real estate appraisers account for this new rental model in their residential appraisals.

Is Short-Term Rental the Highest and Best Use?

The first criterion in establishing a property’s highest and best use is whether a use is permissible. States and cities in the U.S. are placing legal limitations on short-term rentals. Massachusetts now has a statute that explicitly addresses short-term rentals; Boston also recently enacted laws for such rentals. In addition, some homeowners’ associations and condominium projects regulate short-term rentals.

In Massachusetts, owners whose short-term rentals exceed 14 days in a year must pay a 5.7% room tax. All short-term rental properties must be state-registered, and all must have liability insurance. The Boston ordinance is even stricter: only owner-occupants may offer short-term rentals, and only one unit per residential property is allowed. Owners must provide contact information to both the city and tenants, and they must notify owners of adjoining properties when these property owners register for short-term rental.

Assuming short-term rental is permitted for a property, its appraiser must ensure that the property’s location is in an area that generates demand. The property should be easily accessible and have features attractive to regular renters.

Short-Term Rental Appraisals: Which Value Approach Is the Best?

The sales comparison approach assumes that comparable sale properties are similar to the subject. Therefore, the appraiser should confirm whether comparables are used for short-term rental. Afterward, these comparables must be adjusted to account for differences in potential rent income.

The income approach assumes that a property’s net income has a measurable relationship to its most probable sale price. But in Massachusetts, especially Boston, short-term rental alone may not be adequate to reflect a property’s worth. In that situation, short-term rental income might be considered complementary, not a primary value indicator.

If there appears to be adequate income to justify an income approach, the appraiser must be sure to account for vacancy, both between rentals and during low market seasons. Also, short-term rental will accrue extra expenses, such as for cleaning, advertising, and marketing.

Conclusion

Appraisers should consider short-term rental as a potential use for many single-family residences. Laws, ordinances, and legal use limitations must first be explored. For properties where short-term rental is allowed, subject property’s location, design, and features must be appropriate. In valuing those properties with their short-term rental included in highest and best use, appraisers must be careful in using the sales comparison approach to select comparable sales that have similar potential use. Adjustments for differences in use are critical since these likely figured in buyers’ choices. In the income approach, appraisers may find that capitalized income for houses with short-term rental potential still doesn’t equal value; in those cases, income may be a complement to value rather than a primary value indicator. In estimating short-term rental income, appraisers must account for vacancy and rental turnover and all expenses incurred to accommodate short-term renters.

Frequently Asked Questions (FAQs)

1. What is the first thing an appraiser must determine when considering short-term rentals?
The appraiser must first establish if the short-term rental is a legally permissible use. This is the first test for determining the property’s “Highest and Best Use” and involves checking state statutes, city ordinances (like those in Boston), and any rules from homeowners’ associations (HOAs) or condo projects.
2. What kinds of new regulations are affecting short-term rentals?
Regulations are becoming very strict. The article notes Massachusetts requires state registration, liability insurance, and a 5.7% room tax. The Boston ordinance is even stricter, only allowing owner-occupants to offer STRs, limiting it to one unit per property, and requiring them to notify neighbors.
3. How does the Sales Comparison Approach work for a property with STR potential?
The appraiser must confirm whether the comparable sale properties used in the analysis were also used for short-term rentals. If they were, the appraiser must then make adjustments to account for any differences in their potential rental income.
4. Why is the Income Approach difficult to apply to short-term rentals?
It’s difficult for two key reasons: The appraiser must account for higher vacancy rates (both between rentals and during low seasons) and extra expenses not found in long-term rentals (e.g., cleaning, advertising, marketing). In many markets (like Boston), the income from STRs alone may not be adequate to reflect the property’s full worth. In this situation, the income is considered “complementary” rather than a primary indicator of value.
5. Besides legality, what else does an appraiser check for an STR?
Assuming the short-term rental use is permitted, the appraiser must also ensure the property’s location is in an area that generates demand, is easily accessible, and has features attractive to regular renters.

 

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