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🏠 Short-Term Rentals/Occupancy Limits

Occupancy Limits: Brookline vs Wellesley

How do occupancy limits rules compare between Brookline, MA and Wellesley, MA?

Wellesley has fewer restrictions than Brookline.

Brookline, MA

Norfolk County

Heavy Restrictions

Brookline's Short-Term Rental General By-Law (Article 17, approved at the May 2021 Annual Town Meeting) caps overnight occupancy at 2 guests per bedroom up to a maximum of 8 guests, and any occupancy above 3 persons not within the second degree of kindred to the operator must comply with State Building and Sanitary Code requirements for sleeping-room occupancy, ventilation, egress, and life-safety devices.

View full Brookline rules β†’

Wellesley, MA

Norfolk County

Some Restrictions

Norfolk County has no STR occupancy rule. MA State Sanitary Code 105 CMR 410.400 sets minimum floor area per occupant. Quincy and Brookline impose 2-per-bedroom-plus-2 caps on registered STRs. Weymouth has no STR cap.

View full Wellesley rules β†’

Key Facts Comparison

FactBrooklineWellesley
BylawArticle 17 (Town Meeting 2021)-
Per-Bedroom Cap2 guests per bedroom-
Overall Cap8 guests maximum-
Unrelated ThresholdAbove 3 must meet state/local code-
Annual Day Cap90 days (180 by Select Board)-
County Rule?-None
State Floor-105 CMR 410.400
Quincy Cap-2/bedroom + 2, max 10
Brookline Cap-2/bedroom + 2
Weymouth-No specific cap

Highlighted rows indicate differences between cities.

Brookline FAQ

How many guests can stay overnight in a Brookline short-term rental?

Article 17 caps overnight occupancy at 2 guests per bedroom up to 8 guests total, including any long-term renters on the property. A 3-bedroom unit is capped at 6 guests, a 4-bedroom unit hits the overall ceiling at 8 guests.

Do small bedrooms count toward Brookline's STR occupancy limit?

Only rooms that meet 780 CMR (State Building Code) and 105 CMR 410 (State Sanitary Code) sleeping-room standards for area, ceiling height, ventilation, light, life-safety devices, and egress count as bedrooms for the 2-per-bedroom calculation. The Town inspection that precedes the Certificate of Registration verifies which rooms qualify.

Wellesley FAQ

Who enforces occupancy limits rules in Norfolk County?

Norfolk County's code enforcement division is responsible for short term-rentals ordinances. You can report violations or request information through the Norfolk County government website or by calling the main municipal line.

What are typical penalties for violating occupancy limits rules?

Most Norfolk County short term-rentals violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Norfolk County's municipal code or staff for the current penalty schedule.

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