Mashpee, Mass., Town Code § 106-8 (2026) § B
Definitions
Operative Text
For purposes of this chapter, the following terms have the meanings indicated:
Applicant – any owner(s) who makes a formal application/registration with the Board of
Health for a Rental Certificate.
Dwelling – any building or area in a building used or intended for use for human habitation
including, but not limited to, apartments, condominiums, cottages, guest houses, one-, two-
or multi-unit residential buildings and rooming houses, but not including any licensed
facility and/or affordable housing facilities.
Licensed Facility – any facility licensed under any state housing or local housing laws or
by-laws, including affordable housing facilities other than those registered under this
chapter.
Occupant – Anyone entitled for a period of, at minimum, one night to the use or
possession, or the right to use or possession, of a rental property designed and normally
used for sleeping and living purposes, or the right to the use or possession of the furnishings
or the services and accommodations accompanying the use and possession of such rental
property, regardless of whether such use and possession is as a lessee, tenant, or licensee.
Owner(s) – 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 owner’s representative, trustee, or other person appointed by the courts.
Person – any individual, partnership, corporation, limited liability company, firm,
association or group, including a governmental unit, other than the Town of Mashpee or
any of its agencies.
Rental Property – any dwelling that is rented or leased including, but not limited to, those
dwellings that are rented or leased on a seasonal, daily, weekly and/or monthly basis.Section 106-8(B) of the Mashpee Town Code establishes the working vocabulary for the town's rental certificate program. Key terms such as "Dwelling," "Occupant," "Owner," and "Rental Property" are given specific meanings that govern how the rest of Chapter 106 is applied. Notably, the definitions are broad — for example, "Occupant" covers anyone entitled to use a rental space for even a single night, and "Rental Property" includes seasonal, daily, weekly, and monthly arrangements — while certain facilities, such as licensed and affordable housing facilities, are explicitly carved out.
Plain English — not legal advice.
Under § 106-8(B), property owners in Mashpee should be aware that the chapter's definitions are intentionally broad: a "Dwelling" encompasses apartments, condominiums, cottages, guest houses, and rooming houses, and a "Rental Property" includes short-term and seasonal arrangements. The definition of "Owner" extends beyond the titleholder to include mortgagees in possession, trustees, and court-appointed representatives, meaning registration and compliance obligations under Chapter 106 may attach to a range of parties with legal control over a property. Operators of licensed or affordable housing facilities should confirm whether their property falls within the explicit exclusions before assuming the chapter does not apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 106-8(B) defines who qualifies as an "Occupant" under Mashpee's rental regulations broadly — covering anyone with the right to use a rental space for at least one night, whether as a lessee, tenant, or licensee. This means that short-term and seasonal renters may be entitled to the same protections and considerations under Chapter 106 as long-term tenants. Tenants who are uncertain whether their housing arrangement falls within these definitions may wish to contact the Mashpee Board of Health or a local tenant-rights organization for general information.
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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