Occupancy Limits: Brookhaven vs Decatur
How do occupancy limits rules compare between Brookhaven, GA and Decatur, GA?
Brookhaven has fewer restrictions than Decatur.
Brookhaven, GA
DeKalb County
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.
View full Brookhaven rules →Decatur, GA
DeKalb County
Decatur caps overnight occupancy at two people per guest room plus two additional people per property, never exceeding ten people overnight, with up to four daytime visitors allowed but a hard ceiling of fourteen total persons (or the overnight max plus four, whichever is less) per the city's adopted short-term rental ordinance.
View full Decatur rules →Key Facts Comparison
| Fact | Brookhaven | Decatur |
|---|---|---|
| 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 | - |
| Code Enforcement | 404-637-0500 | - |
| Overnight Occupancy | - | 2 per guest room + 2 per property |
| Hard Overnight Cap | - | 10 persons |
| Daytime Visitors Allowed | - | Up to 4 additional |
| Total Persons Cap (Daytime) | - | Overnight max + 4, or 14, whichever is less |
| Eligible Property Types | - | Single dwelling units only |
| Density Rule | - | No more than 3 STRs within 1,000 ft (residential) |
| Effective | - | Registration mandatory 2026 |
Highlighted rows indicate differences between cities.
Brookhaven FAQ
Does Brookhaven cap how many guests can stay in a short-term rental?
Not with a uniform numeric formula. Section 27-629 requires each applicant to declare overnight and daytime occupancy limits based on the number of bedrooms; that declared limit becomes binding on the permit once approved.
What happens if an STR exceeds its approved occupancy?
It counts as an STR violation under Chapter 27. Two violations within a single year disqualify the permit from renewal.
Decatur FAQ
How many overnight guests can stay in a Decatur, GA short-term rental?
Two people per guest room plus two additional people per property, and the overnight total can never exceed ten people, regardless of the home's size.
Can I host daytime visitors at my Decatur STR beyond the overnight cap?
Yes, up to four additional daytime visitors are allowed, but the total persons on site cannot exceed the overnight maximum plus four, or fourteen people, whichever number is smaller.
Are duplexes and stacked flats allowed to operate as STRs in Decatur?
Only one dwelling unit per duplex, walk-up flat, or stacked flat may be used as a short-term rental at a time. Only single dwelling units that meet city code are eligible.
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