How Brookhaven Handles Short-Term Rentals: A Practical Guide

Brookhaven maintains 40 local ordinances across all categories, and 6 of those deal specifically with short-term rentals. Here is a breakdown of what the city actually requires, what is prohibited, and where Brookhaven falls on the strict-to-permissive spectrum compared to other cities.

Occupancy Limits

Brookhaven's STR ordinance (Chapter 27, §27-629) does not set a fixed citywide cap on overnight or daytime guests. Each permit application must state the unit's bedroom count and the operator's proposed overnight and daytime occupancy limit, which becomes binding on that permit. STRs are also capped at 180 rental days per calendar year and at 5% of residential parcels per council district.

Key details: Ordinance: Ch. 27, §27-629 (ORD2025-02-03). Occupancy Standard: Set per permit, based on bedrooms. Stated by: Applicant, on STR application. Annual Cap: 180 rental days/year. District Cap: 5% of residential parcels.

Renting to more guests than the approved occupancy limit on the permit, or operating without a valid STR permit, is a code violation. Two violations of any STR rule within a single year result in the permit being denied renewal under §27-629.

Insurance Requirements

Brookhaven Code §27-629(3)(b)(8) requires every STR applicant to submit "proof of insurance for the property to be used as a short-term rental" with the permit application. The ordinance does not specify a minimum liability dollar amount, but standard homeowner policies often exclude commercial lodging — most operators carry a dedicated short-term rental or commercial host policy plus the platform's host protection.

Key details: Ordinance: §27-629(3)(b)(8). Requirement: Proof of insurance at application. Minimum Amount: Not specified in code. Common Policy Type: STR endorsement or commercial host policy. Standard HO-3: Often excludes commercial lodging.

Failing to maintain proof of insurance during the permit term, or submitting false documentation, is grounds for permit revocation or non-renewal under §27-629. Two violations of any STR provision within a single year result in non-renewal.

Parking Rules

Brookhaven STR parking rules follow standard city parking ordinances. STR listings should include information about available parking. Guests must not block driveways, sidewalks, or fire hydrants. Code Enforcement: 404-637-0500.

Key details: STR Parking: Standard city parking rules apply. No Lawn Parking: Prohibited. Fire Hydrant: 15-foot clearance required. Code Enforcement: 404-637-0500.

Parking violations: $50 to $200 per occurrence. STR parking non-compliance: permit conditions review.

Permit Requirements

Brookhaven allows STRs only for owner-occupied homes with a $25 annual permit (1-year term). Property must have a homestead exemption and be owned for at least 1 year before applying. STRs limited to 180 days/year. Total STRs capped at 5% of residential parcels per council district.

Key details: Annual Permit Fee: $25. Max Rental Days: 180 days per year. Homestead Required: Yes — homestead exemption required. Ownership Minimum: 1 year before applying. District Cap: 5% of residential parcels per district.

Two violations in a single year results in permit non-renewal. Operating without a permit is a code violation.

This is one of the stricter rules in Brookhaven's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Noise Rules

STR guests in Brookhaven are subject to the same noise ordinance (Ch. 16, Art. VII) as all residents. Non-commercial landscape tools prohibited before 9 AM weekends and after 7 PM any day. Two noise violations in a year can result in STR permit non-renewal.

Key details: Noise Ordinance: Ch. 16, Art. VII. Landscape Equipment: Not before 9 AM weekends. After 7 PM: No motorized landscape equipment. Permit Consequence: 2 violations = no renewal. Police: 404-637-0600.

Noise violation: $250 to $1,000. Multiple complaints: permit review or revocation. Host responsible for guest behavior.

Taxes & Fees

Brookhaven STRs are subject to the city's excise tax. Georgia state hotel-motel tax (GA Code §48-13-50+) also applies: up to 8% local hotel-motel excise tax plus the state's $5/night lodging fee. Annual STR permit fee is $25. Platforms like Airbnb typically collect and remit in GA.

Key details: Annual Permit Fee: $25. Local Excise Tax: Brookhaven excise tax applies. State Lodging Fee: $5/night + up to 8% local. State Authority: GA Code §48-13-50+. Platform Collection: Airbnb/VRBO auto-collect in GA.

Failure to collect/remit taxes: penalties plus interest. GA DOR enforcement for state taxes. City enforcement for local Hotel/Motel Tax.

The Bottom Line

Brookhaven's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Brookhaven is broadly strict or permissive.

All of the above reflects Brookhaven's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.