Yarmouth, Mass., Code of Bylaws ch 108 § 108-3
Number of persons restricted (Yarmouth Occupancy of Buildings)
Operative Text
No tenant shall lease, rent or occupy any building or any portion of a building subject to the provisions of this chapter if, at the time of such lease, rental or occupancy, the number of persons occupying such building or portion of a building exceeds the number of persons authorized to occupy such building or portion of a building by a certificate of registration, if issued and posted, or, if no certificate of registration is issued or posted, the number of persons that may be lawfully accommodated as determined by the Board of Health under the Massachusetts State Sanitary Code.
Yarmouth, Mass., Code of Bylaws CH. 108 § 108-3 sets a cap on how many people may live in a rental unit or building at any one time. If a certificate of registration has been issued and posted for the property, that document controls the maximum occupancy. Where no such certificate exists or is posted, the allowable number of occupants is determined by the Yarmouth Board of Health in accordance with the Massachusetts State Sanitary Code.
Plain English — not legal advice.
Under CH. 108 § 108-3, compliant operators in Yarmouth generally ensure that any certificate of registration issued for their rental property is both current and visibly posted, and that the number of occupants never exceeds the figure stated on that certificate. Where no certificate has been issued, operators typically verify the lawful occupancy limit with the Board of Health under the Massachusetts State Sanitary Code before allowing tenants to move in. Keeping written records of authorized occupancy levels and communicating them clearly in lease agreements are practices commonly associated with compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 108 § 108-3 means that a tenant's right to occupy a unit is tied to the occupancy limit set either by a posted certificate of registration or, if none exists, by the Board of Health under the Massachusetts State Sanitary Code. Tenants who believe an occupancy limit is being applied incorrectly or that a required certificate has not been posted may contact the Yarmouth Board of Health to ask about the applicable standard for their building. Tenant-rights organizations familiar with Massachusetts housing law can also help explain how this provision interacts with lease terms and other protections.
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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