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Brookhaven, GA Rental Property Rules: Rental Registration (2026)

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

Key Facts

Filing deadline
Before April 15th of each calendar year
Covered owners
Income from four or more multifamily rental units
Inspection cycle
Every unit at a minimum every two years
Share of units per annual certificate
At least one half
Records production deadline
Ten business days after written request
False certification fine
Up to $1,000.00 per dwelling or unit

Summary

In the City of Brookhaven, Georgia, owners who receive income from four or more multifamily rental units owe an occupational tax under Chapter 15 and must give the city a code compliance certificate before April 15th each calendar year. Sec. 16-99 requires every unit to be inspected at a minimum every two years.

(a)Occupational tax. All owners of multifamily rental dwellings or multifamily rental units within the city that receive income for use of four or more such multifamily rental units and meet the requirements of O.C.G.A. § 48-13-5 for having a location or office within the city shall be subject to an occupational tax as provided in chapter 15 and shall provide to the city, prior to April 15th, of each calendar year. Said code compliance certificate shall be certified by the owner and the certified building inspector that all multifamily rental units have been inspected and are in compliance with those standards contained in the code compliance certificate and inspection report. ... (c)Code compliance certificate. Each owner shall submit a code compliance certificate annually, with their occupational tax certificate renewal. Such subsequent code compliance certificate shall cover at least one half of the multifamily rental units in the premises, provided all multifamily rental units contained in the premises shall be inspected, at a minimum, every two years.

Full Breakdown

The registration duty in Sec. 16-99 attaches to owners of multifamily rental dwellings. Sec. 16-98 defines that term as any structure, building or other facility containing four or more multifamily rental units leased as a home, residence or sleeping unit, and the definition includes boardinghouses, roominghouses and group homes.

An owner who receives income for four or more units and meets the requirements of O.C.G.A. § 48-13-5 for having a location or office within the city is subject to an occupational tax under Chapter 15 and must provide the city a code compliance certificate before April 15th of each calendar year. The owner and a certified building inspector both certify that the units have been inspected and comply with the standards in the certificate and the inspection report. Subsection (c) ties the certificate to the occupational tax certificate renewal: each annual certificate covers at least one half of the units, every unit is inspected at a minimum every two years, and each inspected unit is listed individually. New multifamily developments are exempt from the interior evaluation requirements for five years after the date of the certificate of occupancy, provided proper permits are obtained.

Sec. 16-102 controls who can sign. The inspector is a licensed architect or engineer, or holds one of the listed International Code Council certifications, submits a business license or occupational tax certificate and proof of liability insurance, and meets with the building official for approval before inspecting.

Subsection (d) requires a written record of every inspection, with the date, items inspected and violations observed, and the latest inspection report kept at the premises. The owner must produce the records within ten business days after a written request, or the certificate is nullified for the units in the request. Under subsection (b), when an inspector finds further work is needed, the owner submits a plan and the building official can grant an extension of up to one year, but no extension applies to life safety code issues and those units cannot be leased until fully compliant and recertified.

Violations & Fines

Sec. 16-100 makes failure to provide the certificate a violation punishable under Sec. 1-11, and after a judicial determination the building official can inspect at the owner's sole cost, with unpaid cost becoming a lien on the premises. Unpaid occupational tax is a Chapter 15 violation. Under Sec. 16-101, a false certification draws a fine of up to $1,000.00 per dwelling or unit, and a certified inspector who furnishes a fraudulent report can lose the right to submit reports for up to five years.

Frequently Asked Questions

Who must file a code compliance certificate in the City of Brookhaven, Georgia?
Owners of multifamily rental dwellings who receive income for use of four or more rental units and meet the requirements of O.C.G.A. § 48-13-5 for having a location or office in the city. They owe the Chapter 15 occupational tax and must provide the certificate to the city before April 15th of each calendar year.
How often does each Brookhaven apartment unit get inspected?
Every unit in the premises must be inspected at a minimum every two years. Each annual certificate, submitted with the occupational tax certificate renewal, must cover at least one half of the units, and every inspected unit is listed individually on the certificate.
What if the inspector finds repairs are needed?
The owner submits a plan to the building official showing the time and scope of the work. If the official accepts it as reasonable and justified, an extension of up to one year can be granted. No extension is allowed for life safety code issues, and a unit with one cannot be leased until it is fully compliant and recertified.
Can the city inspect inside rental units?
The building official or designee can inspect the interior of units listed on the certificate when there is probable cause to believe a violation occurred. Written notice comes no sooner than seven days ahead, and inspections run from 9:00 a.m. to 5:00 p.m. on weekdays. An owner can refuse, and the official can then seek an inspection warrant from a municipal court judge.

Sources & Official References

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