Amherst, Mass., Gen. Bylaws ch. 3.50 (June 2026) § B

Definitions

In Force
Verified 11/11/2026 · Next check 2/9/2027
effective 6/15/2026AmherstInspections, Registration & Licensing

Operative Text

Amherst, Mass., Gen. Bylaws ch. 3.50 (June 2026) § B
(1) Code Enforcement Officer: The Building Commissioner, Zoning Enforcement Officer of
         the Town, the Health Director, Police Chief, Fire Chief, or their designees or any of the
         inspectors or officers otherwise authorized to enforce or administer the law, regulations,
         and codes listed under Section C of this Bylaw or the licensing and inspection of
         Residential Rental Property. The specific Code Enforcement Officer in each instance
         shall be the Officer duly designated under the relevant statute, bylaw, or regulation.

     (2) Dormitory: For the purposes of this Bylaw, a Dormitory shall be a building whose use is
         permitted as a Dormitory under Article 3 of the Zoning Bylaw.

(3) Dwelling: Any building located in the city, which is wholly or partly used or intended to
    be used for living or sleeping by human Occupants; provided that temporary housing as
    hereinafter defined shall not be regarded as a Dwelling. For purposes of this Bylaw, the
    term shall be synonymous with "Residential Rental Property".

(4) Dwelling Unit: For the purposes of this Bylaw, a Dwelling Unit shall be the same as a
    Dwelling Unit defined in Article 12 of the Zoning Bylaw.

(5) Educational Institution: The University of Massachusetts Amherst, Amherst College, or
    Hampshire College.

(6) Group Homes: Residential facilities authorized and operated under Commonwealth and
    federal law, Congregate Housing for the Elderly and Handicapped, as defined in Article
    12 of the Zoning Bylaw, half-way houses for Persons with substance abuse problems,
    and/or other similar housing facilities operated under license by the Commonwealth of
    Massachusetts.

(7) Lodging Facility: For the purposes of this Bylaw, a Lodging Facility shall be a Hotel or
    Motel, Inn, hostel, and/or Bed and Breakfasts as defined in Article 12 of the Zoning
    Bylaw.

(8) Occupant: Any Person living or sleeping in or having actual possession of a Dwelling,
    Dwelling Unit, or Rooming Unit.

(9) Owner: The legal owner(s) of record for a particular parcel of land or a building(s)
    located thereon, as listed in the tax assessors’ records, or, if known, the owner(s) of
    record as identified in the deed for the particular parcel of land or building(s) located
    thereon, as recorded at the Registry of Deeds, provided, however, that the legal owner(s)
    may be a natural person, executor, corporation, trust, or any other entity recognized by
    law.

(10) Owner-Occupant(s): For the purposes of this Bylaw, an Owner-Occupant shall be the
     same as an Owner-Occupant defined in Article 12 of the Zoning Bylaw.

(11) Person: An individual, corporation, trust, partnership (including general partnership,
     limited partnership, and limited liability partnership), and a limited liability company. In
     addition, any similar entity permitted by law to hold title to real estate shall be deemed a
     Person.

(12) Person-In-Charge: Any Person who has charge, care, control, or management of a
     Residential Rental Property, is the Owner or is authorized to act on the Owner’s behalf
     with regard to the Property in a timely manner. Except where the Person-In-Charge is
     also the Property Owner, the Person-In-Charge shall be a qualified responsible adult and
       not be a current tenant of the Owner, except as provided herein. For the avoidance of
       doubt, Resident Managers and corporations, trusts, partnerships, or limited liability
       companies that have a staffed office located in the Town of Amherst with regular
       business hours shall be eligible to serve as Persons-In-Charge.

   (13) Principal Code Official: The Code Enforcement Officer designated by the Town
        Manager to oversee and administer the Residential Rental Permit program under this
        Bylaw.

   (14) Property: All lands, including all structures, improvements, and fixtures thereon, and
        Property of any nature appurtenant thereto, or used in connection therewith.

   (15) Resident Manager: For the purposes of this Bylaw, a Resident Manager shall be the
        same as a Resident Manager defined in Article 12 of the Zoning Bylaw.

   (16) Residential Rental Permit: A permit issued to an Owner pursuant to the provisions of
        this Bylaw.

   (17) Residential Rental Property: Any building, or portion thereof which is offered for rent or
        lease as a living facility, regardless of whether anyone is currently residing in each
        Dwelling Unit.

   (18) Rooming Unit: Any room or group of rooms Let to an individual or household for use as
        living and sleeping quarters but not for cooking purposes, whether or not common
        facilities for cooking are made available; provided, that cooking facilities shall not be
        deemed common if the facilities can be reached only by passing through any part of the
        Dwelling Unit or Rooming Unit of another.

   (19) Short-Term Rental: Thirty-one (31) or fewer consecutive days.
Source: Legislative text reproduced verbatim
Plain English

Amherst, Mass., General Bylaws ch. 3.50 (June 2026) establishes the foundational vocabulary for the town's residential rental regulatory framework. It defines who qualifies as an Owner, Occupant, or Person-In-Charge, what types of buildings count as Residential Rental Property or Dwelling Units, and which officials are authorized to enforce the bylaw. These definitions set the boundaries of who and what is covered by the broader rental permit and inspection program.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Amherst should familiarize themselves with the defined terms in Amherst, Mass., General Bylaws ch. 3.50 (June 2026), because these definitions determine whether a given building or arrangement falls under the bylaw's permit and inspection requirements. Compliant operators typically ensure that a qualified Person-In-Charge—someone who is not a current tenant and who can act on the owner's behalf in a timely manner—is identified for each Residential Rental Property. Resident Managers and entities with a staffed Amherst office during regular business hours are explicitly recognized as eligible to serve in that role under ch. 3.50.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Amherst, Mass., General Bylaws ch. 3.50 (June 2026) defines key terms that determine whether a rental arrangement is covered by the town's residential rental regulations, including what counts as a Dwelling, Dwelling Unit, or Rooming Unit and who qualifies as an Occupant. Tenants living in a covered Residential Rental Property may have rights tied to these definitions, such as protections connected to the permit and inspection program established elsewhere in ch. 3.50. Those with questions about whether their housing is covered, or about how these definitions affect their situation, can reach out to the town's Code Enforcement Office or a local tenant-rights organization for general information.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jun 15, 2026
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Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

Source Information