Brookhaven, GA Short-Term Rentals: Night Caps (2026)

Brookhaven limits short-term rentals in two ways: how many days a single home can operate, and how many homes can hold a permit at all.

The annual limit is in § 27-629(3)(b)(2): no property authorized by the subsection for short-term rentals may list or rent the property for such use for more than 180 days per calendar year. The Code counts days, not nights, and it restricts listing as well as renting, so an advertisement running past the 180-day limit is itself a problem. Every listing must also show the current permit number under § 27-629(3)(d)(4).

The cap on the number of rentals is in subsection (f)(2). Short-term rentals shall be limited to five percent of the residential parcels within each city council district. The City of Brookhaven has four council districts represented alongside the Mayor, so the count is kept district by district rather than citywide.

Existing permits are protected. Holders of a short-term rental permit before October 24, 2023 that seek renewal of a pre-existing permit shall not be denied on the grounds that issuance will exceed the per-district maximum. When title transfers on a parcel with a pre-existing permit, the transferee's new application is likewise not denied on cap grounds if filed within six months from the date of title transfer, per (f)(2). Under (f)(1), the permit itself expires on a change of ownership, so the transferee has to apply.

Who qualifies is narrow. Under subsection (b), applicants are limited to owner-occupiers who have owned the subject property for more than a year and are receiving a current homestead exemption through DeKalb County. No permit goes to a business entity, and an owner holds only one permit at a time.