Fairhaven, Mass., Code of Bylaws ch 190 § 190-2
Definitions (Fairhaven Short-Term Rentals)
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: BUILDING COMMISSIONER The Building Commissioner of the Town of Fairhaven or his designee. COTTAGE COLONY A group of three or more detached dwellings, legally in existence at the time of adoption of this chapter, located on a single lot, which are customarily occupied on a seasonal basis. 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/dwellings, except those licensed under any state or local laws or regulations other than those licensed under this chapter. OCCUPANCY The use or possession of or the right to use or possess a short-term rental of not more than 30 consecutive days. OCCUPANT (GUEST) Any individual residing overnight in a short-term rental. OPERATOR (HOST) Any person or entity operating a short-term rental. OPERATOR'S AGENT A person who, on behalf of an operator of a short-term rental: i) manages the operation or upkeep of a property offered for rent; or ii) books reservations at a property offered for rent. An "operator's agent" shall include, but not be limited to, a property manager, property management company or real estate agent. OWNER Any person, as defined immediately below, who alone or severally with others has legal or equitable title or a beneficial interest in any dwelling unit; a mortgagee in possession; or agent, trustee or other person appointed by the courts. PERSON An individual, partnership, trust or association, with or without transferable shares, joint-stock company, a corporation which is not publicly traded, society, club, firm, organization, institution, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any other combination of individuals, directly or indirectly or through any agent, employee, stockholder, officer or other person or any subsidiary whatsoever acting as a unit, including a governmental unit other than the Town of Fairhaven or any of its agencies. SHORT-TERM RENTAL A residential or mixed-use dwelling unit or any bedroom within a dwelling rented out through the use of advance reservations, for a fee, for a period of not more than 30 consecutive calendar days, excluding: cottage colonies, as defined herein; hotels licensed under MGL c. 140, § 6; motels licensed under MGL c. 140, § 32B; lodging establishments licensed under MGL c. 140, § 23 or; bed-and-breakfast establishments licensed under Chapter 198 of the Code of the Town of Fairhaven.
Fairhaven, Mass., Code of Bylaws CH. 190 § 190-2 establishes the foundational vocabulary for the town's short-term rental regulations. Key terms such as "short-term rental," "operator," "occupant," and "dwelling" are given specific meanings that govern how the rest of the chapter is interpreted and applied. Notably, a short-term rental is defined as any residential or mixed-use unit rented for 30 consecutive days or fewer through advance reservations, while certain property types—such as hotels, motels, and licensed bed-and-breakfasts—are explicitly excluded from the chapter's scope.
Plain English — not legal advice.
Property owners and managers operating in Fairhaven should familiarize themselves with the defined terms in CH. 190 § 190-2, as these definitions determine whether a given property or arrangement falls under the chapter's requirements. An "operator" includes any person or entity running a short-term rental, and an "operator's agent"—such as a property manager or real estate agent—can also carry responsibilities under the chapter. Understanding whether a property qualifies as a "dwelling," a "cottage colony," or an excluded category like a licensed hotel is essential to determining which obligations apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Guests and short-term occupants in Fairhaven benefit from knowing that CH. 190 § 190-2 defines who qualifies as an "occupant" and what constitutes a "short-term rental" under local law. If a stay involves advance reservations and lasts 30 consecutive days or fewer in a residential or mixed-use unit, it generally falls within the chapter's framework—unless the property is a licensed hotel, motel, or similar excluded establishment. Tenants who have questions about whether their rental arrangement is covered by this chapter may find it useful to consult a tenant-rights organization or review the full text of CH. 190 with a knowledgeable resource.
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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