Brookline, Mass., Code of Bylaws ch 5 11 § 5.11.2
Definitions (Brookline Short-Term Rentals)
Operative Text
As used in this by-law, the following terms shall have the following meanings: ENFORCEMENT AUTHORITY As designated by Chapter 10.2 of the General By-laws. PRIMARY RESIDENCE Any property at which a resident resides for at least 183 days of the calendar year. SHORT-TERM RENTAL OPERATOR Any person operating a short-term rental. An operator must be the owner of the short-term rental unit. SHORT-TERM RENTAL UNIT A whole or portion of a whole dwelling unit that is being offered as a short-term rental. SHORT-TERM RENTAL, or STR A. The rental of a whole or portion of a dwelling unit for not more than 27 consecutive calendar days, as otherwise defined by MGL c. 64G, § 1 , which shall be the primary residence of the operator. B. In accordance with MGL c. 64G , the term excludes properties that are, or that are required by law to be, licensed as a lodging house because the lodgings are rented to four or more persons not within the second degree of kindred to the owner or operator. The term also excludes properties that are, or that are required by law to be, licensed as a hotel, motel, or bed-and-breakfast establishment.
Section 5.11.2 of Brookline's Code of Bylaws establishes the key definitions that govern the town's short-term rental (STR) framework. A short-term rental is defined as the rental of all or part of a dwelling unit for no more than 27 consecutive days, but only when that unit serves as the operator's primary residence — meaning the place where they live at least 183 days per year. The definitions also make clear that hotels, motels, licensed lodging houses, and bed-and-breakfast establishments fall outside the scope of this by-law, as those property types are governed by separate licensing requirements under Massachusetts General Law.
Plain English — not legal advice.
Under § 5.11.2, property owners in Brookline who wish to operate a short-term rental must understand that eligibility is tied directly to owner-occupancy — the unit being rented must be the operator's primary residence, established by residing there at least 183 days in a calendar year. Compliant operators are typically the legal owners of the unit, not agents, property managers, or tenants subletting on someone else's behalf. Owners of properties that function as lodging houses (renting to four or more unrelated persons), hotels, motels, or bed-and-breakfasts should be aware that those property types are excluded from this by-law's definitions and are subject to different licensing regimes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants, § 5.11.2 is important context for understanding who is legally permitted to operate a short-term rental in Brookline: only the property's owner, and only when that unit is their primary residence. If a tenant suspects that a landlord or another party is operating an STR out of a unit that does not meet these definitional requirements — for example, a non-owner or someone who does not primarily reside there — that concern can be raised with the Enforcement Authority as designated under Chapter 10.2 of Brookline's General By-laws. Tenant-rights organizations familiar with Brookline's housing code can help clarify how these definitions interact with a tenant's specific housing situation.
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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