Barnstable, Mass., Code of Bylaws ch 59 § 59-3
Maximum number of occupants (Barnstable Comprehensive Occupancy)
Operative Text
The maximum number of occupants in a residential dwelling shall be determined by the number of bedrooms contained therein. A maximum number of two occupants is permitted for each of the first two bedrooms; for each additional bedroom a maximum number of one occupant is permitted. It shall be a violation of this chapter for any person in excess of that provided herein to occupy any residential dwelling. [1] [1] Editor’s Note: Former Subsection B, regarding the maximum number of motor vehicles permitted, which immediately followed, was repealed 1-17-2013 by Order No. 2013-033.
Barnstable, Mass., Code of Bylaws CH. 59 § 59-3 establishes a formula for determining how many people may legally live in a residential dwelling based on bedroom count. The first two bedrooms each allow up to two occupants, while every additional bedroom beyond the second allows one more occupant. Exceeding that calculated maximum is defined as a violation of Chapter 59.
Plain English — not legal advice.
Under CH. 59 § 59-3, compliant operators in Barnstable generally calculate the permitted occupancy for each unit by applying the bedroom-based formula before renting or renewing a lease. Lease agreements and occupancy policies typically reflect the specific cap derived from that formula — two occupants per bedroom for the first two bedrooms, one per each additional bedroom. Keeping records of bedroom counts and disclosed occupancy limits is a common practice for demonstrating compliance with this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 59 § 59-3 sets a clear occupancy ceiling tied to the number of bedrooms in a dwelling, which means tenants have a defined standard against which to measure any occupancy restrictions a landlord imposes. If a landlord's occupancy limit appears more restrictive than what the formula allows, tenants may wish to review the provision and consider raising it with local housing authorities or a tenant-rights organization familiar with Barnstable regulations. Tenants may also be able to raise a violation of this section as a defense or counterclaim in relevant housing proceedings.
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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