Fairhaven, Mass., Code of Bylaws ch 190 § 190-3
Short-term rental registration (Fairhaven Short-Term Rentals)
Operative Text
Registration is required. Short-term rentals shall only be allowed in one- or two-family or multifamily dwelling units (excluding accessory buildings). A. No owner shall rent, or offer to rent, any short-term rental prior to registering with the Fairhaven Building Department. No tenant or lessee of an owner shall let or sublet a short-term rental. B. Limits on total number of registrations within the Town shall be 64 active units or less, until December 31, 2022; thereafter not more than 120 short-term rentals shall be allowed in the Town at any one time. C. Compliance. A dwelling used as a short-term rental shall at all times be in compliance with the provisions of all state and local health and safety laws, bylaws and regulations, including, but not limited to, § 198-24 , Noise, litter and smoke standards, § 198-23 , Home occupations, the Fair Housing Act, MGL c. 151B, and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings, except as specifically set forth otherwise herein. D. Application required. The owner of the dwelling shall be required to complete a Fairhaven short-term rental registration application with the Fairhaven Building Department. The applicant shall also provide proof each short-term rental is registered with the Massachusetts Department of Revenue. E. Abutter notification. For an initial application to register a property as a short-term rental, the applicant is required to send notification informing abutters within 300 feet and provide proof to the Town of the notification using one of the following methods: hand delivery; certified mail, return receipt requested; certified mail. Proof of abutter notification shall be included with the application. F. The Fairhaven Building Commissioner shall, in accordance with the above subsections, issue a certificate of registration which shall expire on the following December 31, provided that the certificate may be renewed each year. The Building Commissioner will share the list of short-term rentals with the Police and Fire Departments. G. Registration renewal. Short-term rental registrations shall be renewed annually upon payment of the renewal fee. H. Fees. The fee for a short-term rental registration or a renewal of a registration shall be $200 and thereafter a schedule of fees for permits as authorized under Chapter 190 shall be as established and revised from time to time by the Board of Selectmen. I. Nontransferability. Short-term rental registrations shall be granted solely to an owner and shall not be transferable or assigned to any other person, legal entity, or address. The registration does not run with the property; it shall be terminated upon sale or transfer of the property for which the registration has been issued. J. Determination. Any person aggrieved by a determination made by the Building Commissioner regarding a registration may file an appeal for review to the Select Board for a hearing and redetermination.
Fairhaven, Mass., Code of Bylaws CH. 190 § 190-3 establishes a mandatory registration system for short-term rentals in the town, limiting them to residential dwelling units (not accessory buildings) and capping the total number of active registrations townwide. Only property owners may hold a registration — tenants and lessees are prohibited from subletting a unit as a short-term rental. Registrations cost $200, expire each December 31, must be renewed annually, and are non-transferable, meaning they end automatically when a property is sold or transferred.
Plain English — not legal advice.
Under Fairhaven, Mass., Code of Bylaws CH. 190 § 190-3, compliant short-term rental operators complete a registration application with the Fairhaven Building Department before listing or renting any unit, and they also provide proof of registration with the Massachusetts Department of Revenue. For an initial registration, operators notify all abutters within 300 feet by hand delivery or certified mail and include proof of that notification with the application. Compliant operators renew their certificate each year by December 31, pay the $200 renewal fee, and ensure the dwelling continuously meets all applicable state and local health, safety, and fair housing requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fairhaven, Mass., Code of Bylaws CH. 190 § 190-3 explicitly prohibits tenants and lessees from subletting a unit as a short-term rental — that right is reserved solely for the property owner. If a tenant believes a landlord is operating an unregistered short-term rental or otherwise violating this bylaw, they may contact the Fairhaven Building Department, which administers the registration program. Anyone aggrieved by a Building Commissioner determination under this section may appeal to the Select Board for a hearing and redetermination, and consulting a tenant-rights organization can help clarify 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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