Falmouth, Mass., Code of Bylaws ch 172 § 172-3
Fine for exceeding occupancy limits (Falmouth Rental Property)
Operative Text
If it is found that the number of occupants in any building or portion thereof used for habitation exceeds the number of the registered occupancy as required by § 172-1 of this chapter, or if no such registration shall be in effect, then the tenant, lessee or person in control of said building or portion thereof shall be punished by a fine of not more than three hundred dollars ($300.).
Falmouth, Mass., Code of Bylaws CH. 172 § 172-3 establishes that when the number of people living in a residential building or unit exceeds the registered occupancy limit—or when no valid occupancy registration is in place at all—a violation exists. The rule places the legal responsibility for that violation on the tenant, lessee, or whoever is in control of the space, rather than on the property owner. The maximum financial penalty for such a violation is $300.
Plain English — not legal advice.
Under CH. 172 § 172-3, the fine for exceeding occupancy limits falls on the person in control of the unit, but compliant property owners and managers generally ensure that occupancy registrations required by § 172-1 are current and accurately reflect the permitted number of occupants. Operators typically communicate registered occupancy limits clearly in lease agreements so tenants understand the limits that apply to their unit. Keeping registration records up to date helps demonstrate that the owner's side of the compliance obligation has been met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 172 § 172-3 makes the tenant, lessee, or person in control of a dwelling unit subject to a fine of up to $300 if the number of occupants exceeds the registered limit or if no valid registration is in effect. Tenants who want to understand the registered occupancy limit for their unit can request that information from the landlord or check with the relevant Falmouth municipal office. If you believe a fine has been issued in error—for example, because the landlord failed to maintain a proper registration under § 172-1—consulting a tenant-rights organization or legal aid service can help you understand what options may be available.
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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