Fairhaven, Mass., Code of Bylaws ch 190 § 190-10
Ineligible units (Fairhaven Short-Term Rentals)
Operative Text
The following are not eligible to be rented or offered to rent as short-term rentals: A. Dwellings designated as below market rate or income-restricted, that are subject to affordability covenants, or that are otherwise subject to housing or rental assistance under local, state, or federal law; B. Accessory dwelling units per § 198-32.1 ; C. Dwellings subject to any requirement of local, state, or federal law that prohibits the leasing or subleasing of the unit or use of the unit as a short-term rental; D. Dwellings that are the subject of any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, stop-work orders, unsafe orders, or cease-and-desist orders.
Fairhaven, Mass., Code of Bylaws CH. 190 § 190-10 identifies four categories of residential dwellings that are categorically barred from being rented or advertised as short-term rentals. These include affordable or income-restricted housing, accessory dwelling units, units already prohibited from short-term leasing under any applicable law, and units carrying unresolved code violations or enforcement orders. The rule applies regardless of whether the owner is aware of the restriction, meaning the status of the unit itself determines eligibility.
Plain English — not legal advice.
Under CH. 190 § 190-10, compliant operators in Fairhaven generally verify a unit's eligibility before listing it as a short-term rental by reviewing any affordability covenants, checking whether the unit qualifies as an accessory dwelling unit under § 198-32.1, confirming no other law restricts short-term leasing, and ensuring there are no open building, sanitary, zoning, or fire code violations. Operators typically resolve any outstanding orders of abatement, stop-work orders, or cease-and-desist orders before activating a short-term rental listing. Maintaining documentation of a unit's compliance status is a common practice among property managers operating in jurisdictions with ineligibility rules like this one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 190 § 190-10 means that if you are renting a unit that falls into one of the four ineligible categories—such as an income-restricted unit or one with unresolved code violations—that unit should not have been offered as a short-term rental in the first place. Tenants who believe a landlord has violated this provision may consider raising it as a defense in a relevant proceeding, filing a complaint with the appropriate local enforcement authority in Fairhaven, or reaching out to a tenant-rights organization for general guidance. Understanding which category may apply to a specific unit can be an important first step in exploring available options.
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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