Definitions

Acquired. To purchase or obtain ownership of a Dwelling Unit in fee simple or to otherwise purchase or obtain a leasehold interest in a Dwelling Unit. Affordable Housing Restriction. As defined in M.G.L. c. 184, § 31 and approved by EOHLC pursuant to M.G.L. c. 184, § 32. Area Median Income or AMI. The area median household income as determined by the United States Department of Housing and Urban Development. Artist Housing. An Attainable Housing Unit that is designed for occupancy by households containing at least one person who byvocation produces or supports artistic and literaryactivities as may be defined by a Seasonal Community and will use the Dwelling Unit in pursuit of the artistic or literary vocation. As of Right. As defined in M.G.L. c. 40A, § 1A. Attainable Housing Unit. A Year-round Housing Unit that is subject to an Affordable Housing Restriction or anyother use restriction, whether stated in the form of a deed restriction, easement, covenant or condition in any deed, mortgage, will, agreement, lease, or other legally binding instrument, executed by or on behalf of the owner of the land that limits occupancy to an individual or household with income that does not exceed 250% AMI, or such lower limit as may be established by a Seasonal Community. Nothing in 760 CMR 76.00 changes the Subsidized Housing Inventory eligibility criteria, and no Attainable Housing Unit shall be counted on the Subsidized Housing Inventory unless it satisfies the requirements for the Subsidized Housing Inventory under 760 CMR 56.03(2) or any other regulation or guidance issued by EOHLC. (Mass. Register #1568, 02/27/2026) Board. The board of trustees for a Trust. Building Code. The Massachusetts state building code, 780 CMR. Commissioner. The Commissioner of the Department of Revenue. Comprehensive Housing Needs Assessment. An assessment of housing needs in a Seasonal Community in accordance with 760 CMR 76.08. County Agency. Any department or office of county government and any division, board, bureau, commission, district, institution, tribunal, authority or other instrumentality thereof or thereunder. County Employee. A person holding an office, position, employment, or membership in a County Agency that serves a Seasonal Community, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, or intermittent basis. Detached Dwelling Unit. A Dwelling Unit that shares no common or contiguous wall with another building or structure. Developed. The construction or rehabilitation of a Dwelling Unit, which may include direct financial assistance, property tax relief or donation of municipal land; provided, however, that the term "developed" shall not include technical assistance or other supportive services. Dwelling Unit. A single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Endorsement. The signing of a plan of land by the Planning Board of a Seasonal Community pursuant to the subdivision control law under M.G.L. c. 41, §§ 81K through 81GG, certifying either approval of the plan of land or that approval under the subdivision control law is not required. EOHLC. The Executive Office of Housing and Livable Communities established pursuant to M.G.L. c. 23B. EOHLC Office of Fair Housing. The office of fair housing established pursuant to M.G.L. c. 23B, § 31. Fair Housing Complaint. A complaint alleging housing discrimination pursuant to a state, federal, or local anti-discrimination law, including but not limited to, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), Title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.), and M.G.L. c. 151B, as amended, brought through any of the following: (a) private right of action filed in state or federal court or with the United States Department of Housing and Urban Development, the Massachusetts Commission Against Discrimination, or similar local agency with authority to investigate, adjudicate, and enforce such complaints, or (b) brought by the United States Department of Housing and Urban Development, the United States Department of Justice, the Massachusetts Commission Against Discrimination, the Massachusetts Office of the Attorney General, or a local agency with similar authority to bring such complaints. Floor Area. The sum of the areas of a Dwelling Unit of compliant ceiling height pursuant to the Building Code, measured from the interior faces of exterior walls but excluding crawl spaces, lofts, enclosed porches and similar spaces. Frontage. The horizontal distance between the side boundaries of a Lot, measured along the front Lot line abutting a street, way, or other means of physical access, as may be defined by a Seasonal Community. Internal Revenue Code. The United States Internal Revenue Code. Local Building Code. Rules and regulations imposing more restrictive standards than those established by the Building Code for construction, alteration, repair, demolition, and removal in a city or town that have been approved by the Board of Building Regulations and Standards pursuant to M.G.L. c. 143, § 98. Lot. An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures. Movable Tiny House. A Tiny House that is a House Trailer or Auto Home, as defined in M.G.L. c. 90, § 1 or has been determined by the registrar of motor vehicles to be a motor vehicle, as defined in M.G.L. c. 90, § 1 and is required to be registered pursuant to M.G.L. c. 90. Municipal Agency. Any department or office of a city or town government and any council, division, board, bureau, commission, district, regional school district, institution, tribunal, authority or other instrumentality thereof or thereunder. Municipal Employee. A person holding an office, position, employment or membership in a Municipal Agency of a Seasonal Community, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, or intermittent basis, but excluding (a) elected members of a town meeting and (b) members of a charter commission established under Article LXXXIX of the Amendments to the Constitution. Planning Board. As defined in M.G.L. c. 41, § 81L. PrimaryResidence. The primaryplace of residence for an individual or household as determined by a Seasonal Community. Recording. A deed or other title instrument establishing that the Lot that has been duly recorded in the registry of deeds or registered in the district of the land court in the county where the Lot is located. Regional Trust. A Year-Round Housing Trust Fund created pursuant to M.G.L. c. 23B, § 32(d)(iv) for the participation and benefit of more than one Seasonal Community. Residential Property Tax Exemption. The residential property tax exemption for class one, residential properties adopted pursuant to M.G.L. c. 59, § 5C that is applied only to the principal residence of a taxpayer as used by the taxpayer for income tax purposes. Seasonal Community Essential Public Employee. A household where at least one person is a Municipal Employee, County Employee or State Employee whose employment is necessary to the public health and public safety of maintaining a year-round community in a Seasonal Community, including, but not limited to, teachers at public institutions, public works employees, public safetyemployees, publiclyemployed first responders, town administrators and other employees essential for municipal operations. Seasonal Community. A municipality that has been designated as a seasonal community and has accepted such designation pursuant to M.G.L. c. 23B, § 32(b). Secretary. The Secretary of EOHLC. Setback. The minimum linear distance between a boundary of a Lot and a structure located on said Lot. Single-family Residential Zoning District. Any Zoning District where single-family residential dwellings are a permitted or an allowable use, including any Zoning District where single-family residential dwellings are allowed As of Right or by Special Permit. Special Permit. A permit issued by a Municipality's special permit granting authority pursuant to M.G.L. c. 40A, § 9. State Agency. Any department of state government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, district, institution, tribunal, authority or other instrumentality within such department, and any independent state authority, district, commission, instrumentality or agency. State Employee. A person holding an office, position, employment, or membership in a State Agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, or intermittent basis. Subsidized Housing Inventory. As defined in 760 CMR 56.02: Definitions. Tiny House. A Detached Dwelling Unit that is the principal dwelling on a Lot and is not more than 400 square feet in Floor Area. Trust. A Year-Round Housing Trust Fund created pursuant to M.G.L. c. 23B, § 32(d)(iv), including Regional Trusts. Undersized Lot. A Lot that at the time of Recording or Endorsement is located in a Single- family Residential Zoning District, does not meet the minimum Lot size requirements for the Zoning District and has not merged with an adjacent Lot under common ownership. Year-round Housing Occupancy Restriction. A limitation on the use and occupancy of a Dwelling Unit, whether or not stated in the form of a deed restriction, easement, covenant or condition in any deed, mortgage, will, agreement, lease or other legally binding instrument, executed by or on behalf of the owner of the land that limits occupancy to individuals or households who have executed an agreement with a Seasonal Community, or its designee, to occupy the Dwelling Unit as their Primary Residence for not less than ten months in a 12-month period, subject to reasonable exceptions for temporary absences as may be included in such agreement. Such agreement shall be recorded with the registry of deeds or registered in the district of the land court in the county where the Dwelling Unit is located and shall be made part of the deed that encumbers such Dwelling Unit. Year-round Housing Unit. A Dwelling Unit located in a Seasonal Community that is subject to a Year-round Housing Occupancy Restriction. Zoning. Ordinances and by laws, including base, underlying, and overlay zoning, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants. Zoning District. A geographic area within a Municipality which, pursuant to Zoning, is subject to use and structure requirements that are uniform within the area.