Brookline, Mass., Code of Bylaws ch 5 11 § 5.11.3
Eligibility/applicability (Brookline Short-Term Rentals)
Operative Text
A. Any short-term rental operator seeking to establish a short-term rental unit must apply for and receive a certificate of registration, following the procedure set forth in Section 5.11.4 . The following eligibility requirements shall apply to applicants seeking a certificate: (1) The short-term rental unit cannot be subject to any local, state, or federal income-eligible or income-restricted program that is designated as below-market-rate housing. (2) The short-term rental unit shall not be subject to any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, stop-work orders, or other requirements, laws or regulations that prohibit the operator from offering the residential unit as a short-term rental. (3) The short-term rental unit shall not be in arrears regarding any municipal or state taxes, fines or fees. Short-term rentals, short-term rental operators, and short-term rental certificates of registration are subject to Chapter 4.7 of the Town's General By-laws. (4) The accommodations offered must be compliant with all applicable state and local codes, including building codes, fire codes and health codes. (5) Occupancy (including long-term renters on the property) is limited to the number of bedrooms multiplied by two, up to a maximum of eight guests; provided, however, that any occupancy in excess of three persons who are not within the second degree of kindred to the person conducting the short-term rental must be in compliance with state and local law, regulations and code. In addition, a short-term rental shall not operate in the same property as a lodging house as defined by law. B. Nothing in this by-law shall be construed to make the Town responsible for compliance with or enforcement of a lease, condominium by-laws or other governing documents, or any contract or agreement to which the Town is not a party.
Section 5.11.3 of Brookline's Code of Bylaws establishes who may legally operate a short-term rental and under what baseline conditions. To be eligible for a certificate of registration, a unit must be free of outstanding code violations, tax arrears, and income-restriction designations, and the accommodations must meet all applicable building, fire, and health codes. Occupancy is capped at two guests per bedroom with an absolute maximum of eight guests, and additional rules apply when more than three unrelated guests are present. The bylaw also clarifies that the Town does not take on responsibility for enforcing private leases, condo bylaws, or other agreements it is not party to.
Plain English — not legal advice.
Operators subject to Section 5.11.3 generally ensure their unit is clear of any outstanding building, sanitary, zoning, or fire code violations before applying for a certificate of registration under Section 5.11.4. Compliant operators also confirm the unit is not designated as income-restricted or below-market-rate housing, and that all municipal and state taxes, fines, and fees are current at the time of application. Maintaining accurate occupancy records — keeping guest counts within the two-per-bedroom limit and no more than eight total — and staying current with Chapter 4.7 of the Town's General By-laws are practices associated with ongoing compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5.11.3 sets out the conditions a short-term rental unit in Brookline must meet before it can be legally registered, which can be relevant to tenants living in properties where a landlord is also operating short-term rentals. If a unit is subject to outstanding code violations, tax arrears, or an income-restricted housing designation, it is ineligible for a certificate of registration under this provision. Tenants who believe a short-term rental is operating without meeting these eligibility requirements may consider contacting the Town of Brookline's relevant enforcement office, reviewing Chapter 4.7 of the Town's General By-laws, or reaching out to a local tenant-rights organization to understand available options.
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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