South Hadley, Mass., Code of Bylaws ch 136 § 136-5
Definitions (South Hadley Residential Short-Term Rental Units)
Operative Text
Under these regulations, the following terms have the meanings indicated: AFFORDABLE HOUSING UNIT Dwelling units restricted to rental or purchase by households with an annual income no greater than 80% of the median income for South Hadley, as calculated by the U.S. Department of Housing and Urban Development or any successor agency, adjusted for family size. Such units must be countable under MGL c. 40B as part of the Town's subsidized housing inventory. CODE OFFICIAL The Building Commissioner/Zoning Enforcement Officer of the Town of South Hadley, the Health Director, the Police Chief, Fire Chief, or their designees and/or any of the inspectors or officers authorized to enforce the law, regulations and codes listed under § 136-3 of this bylaw. The specific Code Official in each instance will be the official duly designated under the relevant statute, bylaw, or regulation. DWELLING UNIT The room or group of rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating. "Dwelling unit" shall also mean a condominium unit. EMERGENCY Events or conditions involving natural disasters, fire, or other threats to the health and safety of the residents of a rental property. OWNER Every person who alone or jointly or severally with others: 1) has legal title to any building, structure, or property subject to this bylaw; or 2) has care, charge, or control of any such building, structure, or property in any capacity including but not limited to agent, executor, administrator, trustee or guardian of the estate of the holder of legal title; or 3) is a lessor under written agreement; or 4) is the mortgagee in possession; or 5) is the recognized agent, trustee or other person with care, charge, or control appointed by the courts. OWNER-OCCUPANT(S) One or more natural persons who, in their individual capacity as distinct from any representative capacity, own(s) a whole or undivided interest in fee simple of certain real property and at least one of whom occupies a dwelling unit thereon as his or her principal residence (see definition). PERSON An individual, corporation, trust, partnership (including general partnership, limited partnership, and limited liability partnership), and a limited liability company. In addition, any similar entity licensed by law to hold title to real estate shall for the purpose of this bylaw be deemed a person. PRINCIPAL RESIDENCE The primary residence of an individual, family (as defined in the Zoning Bylaw), or property owner, i.e., the home where an owner, and the owner's family if applicable, resides as their primary dwelling; provided, however, that no person shall hold concurrent rights in more than one principal residence, as set forth under MGL c. 188, § 1, as amended. Regular or periodic interruptions in residency shall not be considered to change the status of principal residency where such interruptions are the result of illness, catastrophe, professional or academic scheduling, or other temporary reasons for absence which do not affect basic indices of residency. For the purposes of this bylaw, principal residency shall be determined by the Code Official based upon a preponderance of evidence, including but not limited to the following indicia of residency and address, as applicable: declaration of homestead, filing of state and federal income taxes, voter registration, annual street list, driver's license, motor vehicle registration, mortgage, mailing address, and telephone listing (if any). SHORT-TERM RENTAL Any rental of all or part of a dwelling unit for 28 consecutive days or less, including home-sharing and vacation rentals.
South Hadley, Mass., Code of Bylaws CH. 136 § 136-5 establishes the precise meanings of key terms used throughout the town's rental regulations, including who qualifies as an "Owner," what constitutes a "Principal Residence," and how an "Affordable Housing Unit" is defined. These definitions set the boundaries for who and what is covered by the bylaw, shaping how every other provision in Chapter 136 is interpreted and applied. For example, a "Short-Term Rental" is specifically defined as any rental of 28 consecutive days or less, and "Owner" is broadly defined to include not just titleholders but also agents, trustees, and others with care or control of a property.
Plain English — not legal advice.
Property owners and managers operating under South Hadley's rental regulations should familiarize themselves with the definitions in CH. 136 § 136-5, as these terms directly determine the scope of their obligations under the bylaw. The broad definition of "Owner" means that agents, trustees, and others with control over a property may carry the same responsibilities as a titleholder. Those who occupy a unit on the same property they own should also note the specific criteria used to establish "Owner-Occupant" and "Principal Residence" status, as these distinctions can affect which provisions of Chapter 136 apply to their situation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants renting in South Hadley benefit from understanding the definitions set out in CH. 136 § 136-5, since these terms determine who is considered an "Owner" responsible for compliance and what types of rentals fall under the bylaw's coverage. The definition of "Code Official" identifies multiple town officials—including the Building Commissioner, Health Director, Police Chief, and Fire Chief—who are authorized to enforce the regulations, giving tenants several potential points of contact when seeking to raise a concern. Tenants who believe a provision of Chapter 136 applies to their situation may wish to consult a tenant-rights organization or legal aid service to understand how these definitions affect their rights.
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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