Amherst, Mass., Gen. Bylaws ch. 3.50 (June 2026) § I
Requirements to Obtain a Permit
Operative Text
(1) Inspections.
a. Inspection Required. In accordance with the applicable laws and Regulations adopted
under this Bylaw and except as provided in Sections I.1.b. and c., Residential Rental
Property shall have passed an inspection by the Town of its Dwelling Units, common
areas, exteriors, and yards in accordance with applicable Frequency Schedule in the
Regulations adopted under this Bylaw before a Permit is issued or renewed to
confirm that all local, state, and federal laws and regulations are met. The Regulations
shall set forth the frequency of required inspections, the Number of Units to be
inspected, and provisions for phasing in this Inspection requirement upon adoption of
the Bylaw.
b. Properties and Dwelling Units Exempt from Inspections.
1. Housing Subject to Other Inspections. Where Residential Rental Properties are
regularly inspected under the requirements of the Commonwealth or federal
government, upon request of the Owner, the Principal Code Official may waive
the Inspection under this Bylaw for the Dwelling Units inspected by the
Commonwealth or federal government. Annual certification by the Owner that a
Dwelling Unit has been inspected in accordance with the law of the
Commonwealth or federal law within the past five (5) years, and if requested,
copies of any inspection documents created by said inspection, shall be provided
to the Town as part of any Permit application or renewal when seeking a waiver
of the Inspection requirement.
2. Occasional Rentals. Dwelling units in Owner-Occupied properties serving as the
Owner's principal residence, and which contain no more than two (2) units shall
not require an Inspection if a Residential Rental Permit is obtained in response to
regular or periodic interruptions in residency by the OwnerOccupant, where such
interruptions are the result of illness, catastrophe, professional or academic
scheduling, or other temporary reasons for absence which do not affect basic
indicia of residency. An Owner may not renew a Residential Rental Permit that
was originally obtained without an inspection under this Section, until the
Residential Rental Property has been Inspected pursuant to Section I of this
Bylaw.
3. Dwelling Units in Residential Rental Properties that have been issued a certificate
of occupancy within five (5) years of the submission of the application for a
Rental Permit. Proof of exemption under this Section shall be submitted with the
Rental Permit Application.
4. Owner-Occupied Residential Rental Properties. Any inspection of an Owner-
Occupied Residential Rental Property shall not include inspection of the Owner's
Dwelling Unit.
c. The Principal Code Official may seek an administrative warrant from a court of
competent jurisdiction whenever the Owner, Person-in-Charge, or Occupant fails to
allow inspections of any premises believed to be subject to this Bylaw and where
there is reasonable cause to believe that there is a violation of this Bylaw.
(2) Occupancy Limits. All Residential Rental Property shall comply with the occupancy
limits for the Residential Rental Property, as specified in the Zoning Bylaw.
(3) Law and Regulation Compliance. All Residential Rental Property regulated herein
shall comply with all applicable local bylaws and regulations, as well as all state laws
and health, building, and fire codes.
(4) Property Management Plan in compliance with the Regulations adopted under this
Bylaw. Any provision of this Section may be waived or modified by the Principal Code
Official for compelling reasons.
(5) Parking Site Plan in compliance with the Regulations adopted under this Bylaw. Any
provision of this Section may be waived or modified by the Principal Code Official for
compelling reasons of safety or design.Amherst, Mass., General Bylaws ch. 3.50 § I requires that residential rental properties pass a Town inspection of dwelling units, common areas, exteriors, and yards before a rental permit is issued or renewed. Several exemptions exist: properties already regularly inspected by state or federal authorities, owner-occupied homes with two or fewer units rented only during temporary absences, and units that received a certificate of occupancy within the past five years. Rental properties must also comply with occupancy limits, applicable laws and codes, and submit a property management plan and parking site plan.
Plain English — not legal advice.
Under ch. 3.50 § I, compliant operators schedule and pass Town inspections before applying for or renewing a rental permit, and maintain documentation of any applicable exemption—such as state or federal inspection records or a recent certificate of occupancy. Owners of properties already inspected by Commonwealth or federal agencies may request a waiver from the Principal Code Official by submitting annual certification and, if asked, copies of inspection records. Operators also ensure their properties meet zoning-based occupancy limits, all applicable codes, and submit required management and parking site plans.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section I of Amherst's ch. 3.50 establishes that rental units must meet local, state, and federal housing standards before a permit is issued or renewed, giving tenants a baseline assurance that inspected properties have been reviewed for code compliance. If a tenant believes their unit has not been properly inspected or permitted as required by § I, they may contact the Town's Principal Code Official to inquire about the property's permit status. Tenant-rights organizations in Massachusetts can help residents understand how this inspection and permitting framework relates to their housing conditions.
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.
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