Newbury, Mass., Code of Bylaws ch 77 § 77-2
Definitions (Newbury Short-Term Rentals)
Operative Text
The following definitions shall apply in the interpretation and implementation of this Bylaw. A. DWELLING Any building or area in a building used or intended for use for human habitation, including, but not limited to, apartments, condominiums, cottages, guesthouses, one-, two- or multiple-unit residential buildings/dwellings, except those licensed under any state or local laws or regulations other than those licensed under this chapter, (e.g., See definition of SHORT-TERM RENTAL in this section). B. OCCUPANCY The use or possession of or the right to use or possess a Short-Term Rental. C. OCCUPANT (GUEST) Any individual, of any age, residing overnight in a Short-Term Rental. D. OPERATOR (HOST) Any person or other legal entity operating a Short-Term Rental. It is the intent of this Bylaw that the operator shall have the same meaning as set forth in General Laws c. 64G, § 1 . E. OWNER Any person who alone or severally with others has legal or equitable title or a beneficial interest in any Dwelling unit; a mortgagee in possession; or agent, trustee or other person appointed by the courts. F. SHORT-TERM RENTAL A Dwelling unit or portion thereof which is not a transient residential facility, where: (i) at least one room or Dwelling unit is rented to an Occupant or sub-Occupant; and (ii) all accommodation is reserved in advance. Rental periods with a change in Occupancy in excess of 31 calendar days shall not be considered a Short-Term Rental. The rental of property for a total of 14 days or less in any calendar year shall not be considered a Short-Term Rental. This definition excludes: hotels licensed under G.L. c. 140, § 6 ; motels licensed under G.L. c. 140, § 32B ; lodging establishments licensed under G.L. c. 140, § 23 .
Section 77-2 of Newbury's Code of Bylaws (CH. 77) establishes the core vocabulary used throughout the town's short-term rental regulations. Key terms defined include 'Dwelling,' 'Short-Term Rental,' 'Operator,' 'Occupant,' and 'Owner,' each carrying specific meanings that govern how the bylaw is applied. Notably, a rental is only considered a 'Short-Term Rental' under this chapter if it involves advance reservations, a change in occupancy of 31 days or fewer, and more than 14 total rental days in a calendar year; hotels, motels, and licensed lodging establishments are explicitly excluded.
Plain English — not legal advice.
Property owners and managers subject to CH. 77 § 77-2 should be aware that how their rental activity is classified under these definitions determines whether the rest of the bylaw applies to them at all. A compliant operator generally confirms whether their property meets the definition of a 'Dwelling' and whether their rental arrangements—including reservation practices and occupancy duration—qualify as a 'Short-Term Rental' under the bylaw. Operators whose properties are licensed under other state or local frameworks, such as hotels or lodging establishments, should verify whether those licenses place them outside the scope of this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Guests and occupants of short-term rentals in Newbury benefit from understanding how CH. 77 § 77-2 defines their status and the property they are staying in, since these definitions shape what protections and obligations apply. For example, a stay that exceeds 31 consecutive days with a change in occupancy, or a property rented for 14 days or fewer in a calendar year, may fall outside the bylaw's definition of a 'Short-Term Rental' entirely. Tenants who have questions about whether their arrangement is covered by this bylaw may wish to consult a tenant-rights organization or review the full text of CH. 77 for further context.
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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