Barnstable, Mass., Code of Bylaws ch 170 § 170-2
Definitions (Barnstable Rental Properties)
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: BOARD OF HEALTH The Board of Health of the Town of Barnstable. DWELLING Any building or area in a building used or intended for use for human habitation, including, but not limited to, apartments, condominiums, cottages, guesthouses, one-, two- or multiple-unit residential buildings, and rooming houses, but not including any licensed facility. FRONT YARD The area between the roadway and the part of the structure nearest to the roadway. LICENSED FACILITY Any facility licensed under any state or local laws or regulations other than those registered under this chapter. OCCUPANT Anyone residing overnight in a dwelling. OWNER Any person who alone or severally with others has legal title to any dwelling, dwelling unit, rooming unit or parcel of land, vacant or otherwise; mortgagee in possession; or agent, trustee or other person appointed by the courts. PERSON Any individual, partnership, corporation, firm, association, or group including a governmental unit other than the Town of Barnstable or any of its agencies.
Section 170-2 of Barnstable's Code of Bylaws (CH. 170) establishes the foundational vocabulary for the town's dwelling regulations. Key terms such as 'Dwelling,' 'Owner,' 'Occupant,' and 'Licensed Facility' are given specific meanings that govern how the rest of Chapter 170 is interpreted and applied. For example, the definition of 'Dwelling' is broad, covering apartments, condominiums, cottages, rooming houses, and similar structures, while explicitly excluding facilities licensed under other state or local laws.
Plain English — not legal advice.
Property owners and managers subject to Chapter 170 should be aware that Section 170-2 defines 'Owner' broadly to include not just titleholders but also mortgagees in possession, agents, and court-appointed trustees — meaning responsibility under the chapter can extend beyond the named deed holder. Understanding whether a property qualifies as a 'Dwelling' under this section, versus a 'Licensed Facility,' determines whether Chapter 170's requirements apply at all. Operators of buildings used for human habitation — including cottages and guesthouses — generally fall within the chapter's scope unless the property holds a separate qualifying license.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants, Section 170-2 is important because it defines who counts as an 'Occupant' (anyone residing overnight in a dwelling) and what qualifies as a 'Dwelling' under Chapter 170, which in turn determines what protections and standards apply to a living situation. The Board of Health of the Town of Barnstable is identified in this section as the relevant oversight body, and tenants who believe their housing conditions may fall under Chapter 170 can contact that Board to understand applicable standards. Tenant-rights organizations familiar with Barnstable's local code can also help clarify whether a particular living arrangement falls within the definitions established by Section 170-2.
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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