Falmouth, Mass., Code of Bylaws ch 172 § 172-1
Registration to determine occupancy limits (Falmouth Rental Property)
Operative Text
Any owner or agent who shall offer for rent or lease any building or portion thereof to be used for habitation, other than duly authorized or licensed premises, shall first register with the Health Agent who shall determine the number of persons said building or portion thereof can legally accommodate. Such registration shall remain effective until December 31st of the calendar year. Occupancy shall be determined by application of the following formula: Two persons shall be allowed for each bedroom over one hundred (100) square feet, provided that additional occupancy, as allowed upon Article II of the State Sanitary Code, 105 CMR 410.400(B) , may be allowed upon inspection by the Board of Health.
Under Falmouth, Mass., Code of Bylaws CH. 172 § 172-1, any building or portion of a building offered for residential rental must be registered with the Health Agent before it is rented or leased. The Health Agent uses a specific formula — generally two persons per bedroom exceeding 100 square feet — to set the maximum legal occupancy, with the possibility of additional occupants if the Board of Health conducts an inspection and applies the relevant State Sanitary Code standards. Registration expires at the end of each calendar year, meaning the property must be re-registered annually to remain in compliance.
Plain English — not legal advice.
Under CH. 172 § 172-1, compliant rental property operators in Falmouth register each rental unit or building with the Health Agent before placing it on the market and do so again before the start of each new calendar year, since registrations expire on December 31st. Operators are aware that the legally permitted occupancy is calculated using the two-persons-per-bedroom-over-100-square-feet formula, and they do not advertise or allow occupancy beyond that limit unless the Board of Health has conducted an inspection authorizing additional occupants under the State Sanitary Code. Keeping documentation of registration and any Board of Health inspection findings is a common practice for demonstrating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 172 § 172-1 establishes that a landlord must register a rental property with the Falmouth Health Agent and obtain an official occupancy determination before renting it out. Tenants have an interest in knowing whether their unit has been properly registered and whether the number of occupants in the unit aligns with the legally determined limit set by the Health Agent. If there are concerns about registration status or overcrowding, options generally include contacting the Falmouth Board of Health directly, raising the issue as a potential code violation, or reaching out to a local tenant-rights organization for general guidance.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation