During a recent town meeting, significant discussions emerged regarding proposed residency requirements for short-term rentals, raising concerns about their constitutionality and implications for property rights.

Town counsel was consulted on the legality of a 30-day residency requirement, similar to one previously approved in West Tisbury. However, it was noted that while the Massachusetts Attorney General can assess state law compliance, she does not evaluate federal constitutional issues. This distinction is crucial, as federal courts have historically ruled against such residency restrictions under the dormant commerce clause, which prohibits discrimination against interstate commerce.

Several residents voiced their opposition to the proposed regulations, arguing that they infringe on property rights and could deter investment in the community. One speaker emphasized the importance of short-term rentals for financial stability, particularly for older residents who may rely on rental income to afford living arrangements in the future. Another resident expressed concern over the potential requirement for neighbors to disclose personal financial information, such as tax returns, to validate rental applications.

Supporters of the residency requirement argued that it is a necessary step to protect Nantucket's neighborhoods from the impact of investor-driven short-term rentals. They highlighted the need for regulations to ensure the community remains viable for year-round residents, as the current market trends threaten to transform Nantucket into a seasonal economy.

The debate also touched on the enforcement of residency requirements, with suggestions to simplify the process by linking residency status to voting eligibility. However, the overarching concern remained about the potential legal challenges that could arise from implementing such restrictions.

As the meeting concluded, the community was left to ponder the balance between protecting local interests and upholding constitutional rights, with the future of Nantucket's housing landscape hanging in the balance.