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Brookhaven, GA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted code: International Property Maintenance Code (Sec. 16-51)
Local insert, Section 302.4: 12 inches
Local insert, Section 304.14: April 1 to October 1
Local insert, Sections 602.3 and 602.4: October 15 to March 15
Maximum fine per violation: $1,000.00 or six months in jail, or both
Enforcer: Building official

Summary

In the City of Brookhaven, Georgia, Sec. 16-51 adopts the International Property Maintenance Code as the property maintenance code for all property, buildings and structures, including rentals. Sec. 16-52 then fills in local numbers: 12 inches in Section 302.4, April 1 to October 1 in Section 304.14, and October 15 to March 15 in Sections 602.3 and 602.4.

A certain document, being marked and designated as the International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the property maintenance code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided ... Section 302.4. Insert: 12 inches. Section 304.14. Insert: April 1 to October 1. Section 602.3. Insert: October 15 to March 15.

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Full Breakdown

Brookhaven does not write its own long list of habitability rules for rental housing. Sec. 16-51 adopts the International Property Maintenance Code, published by the International Code Council, and makes it the property maintenance code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures. The adoption reaches supplied utilities and facilities and the other physical conditions needed to keep a structure safe, sanitary and fit for occupation and use. It also carries the condemnation of buildings and structures unfit for human occupancy and the demolition of existing structures as provided there.

Sec. 16-52 lists the blanks the city filled in. Section 101.1 gets the word City, Section 103.5 gets As adopted by the city council, Section 302.4 gets 12 inches, Section 304.14 gets April 1 to October 1, and Sections 602.3 and 602.4 each get October 15 to March 15. The 12 inch figure is the same number Sec. 16-122 uses for grass and weeds, and the April 1 to October 1 window is the screening season that Sec. 16-103(9) repeats for apartment doors, windows and outside openings.

Sec. 16-50 keeps the standard current: when the state board of community affairs adopts a new edition or amendment of the listed code, it becomes part of or a replacement for the adopted code without separate adoption by the city, and where Chapter 16 conflicts with a referenced code, Chapter 16 governs.

Apartment owners carry more. Article V, Secs. 16-98 through 16-104, adds an inspector-certified evaluation program for any building with four or more rental units, and Sec. 16-103(6) calls for heating capable of maintaining 68 degrees Fahrenheit in habitable rooms. The building official enforces the standards, and Sec. 16-23(e) lets that official issue a citation or file a complaint in rem against a dwelling found unfit for human habitation.

Violations & Fines

A violation of the Code is punished under Sec. 1-11(c): a fine not exceeding $1,000.00 or jail not to exceed six months, or both, and each day a continuing violation lasts is a separate offense. If a complaint in rem succeeds and the building official has the structure demolished, Sec. 16-23(i)(2) makes the demolition cost, court costs and appraisal fees a lien against the real property.

Frequently Asked Questions

What property standards apply to rental housing in the City of Brookhaven, Georgia?

The International Property Maintenance Code applies, adopted in Sec. 16-51 for all property, buildings and structures. Sec. 16-52 fills in the local numbers, including 12 inches for Section 302.4 and April 1 to October 1 for Section 304.14. Apartment buildings with four or more rental units also answer to the inspection list in Sec. 16-103.

When does Brookhaven require window and door screens on apartments?

Sec. 16-52 sets April 1 to October 1 for Section 304.14, and Sec. 16-103(9) restates it. During that period every door, window and other outside opening required for ventilation of habitable rooms and food preparation areas needs tightly fitting screens of not less than 16 mesh per inch, and a screen door used for insect control needs a self-closing device in good working condition.

What happens to a dwelling declared unfit for human habitation?

Under Sec. 16-23(e), the building official can issue a citation with a time frame for compliance or file a complaint in rem against the parcel. A court hearing is held not less than 15 days nor more than 45 days after filing, and the court can order repair or demolition. If the owner does not comply, the building official can have the work done and the cost becomes a lien.

Is there a required indoor temperature for Brookhaven apartments?

For buildings covered by Sec. 16-103(6), dwellings need heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms. Cooking appliances cannot be used to provide that heat, and unvented heating appliances are barred from sleeping rooms.

Sources & Official References

[1]Code of the City of Brookhaven, Georgia (Municode)

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