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.
Under Brookline General By-Law Article 17 (Short-Term Rental By-Law) and the Town's Short-Term Rental Information/Checklist, occupancy in a Brookline STR (including any long-term renters on the property) is limited to the number of bedrooms multiplied by 2, up to a hard maximum of 8 guests, regardless of how many bedrooms a unit has. The bylaw further conditions any occupancy in excess of 3 persons who are not within the second degree of kindred to the operator on full compliance with state and local building, sanitary, and fire code requirements for ceiling height, room size, light and ventilation, sleeping-room area, life-safety devices (smoke and CO alarms), and egress. The unit must be the operator's primary residence (183+ days per year), pass a Town inspection before a Certificate of Registration ($275 fee, valid up to 5 years and non-transferable) is issued, and the unit's annual rental day cap is 90 days, extendable to 180 days only by request to the Select Board. Bedroom-count documentation is part of the Accela registration package; a room counted as a bedroom for occupancy purposes must meet 780 CMR (Mass. State Building Code) and 105 CMR 410 (State Sanitary Code Chapter II) sleeping-room standards.
Renting to more than 2 guests per bedroom or to more than 8 guests total violates Article 17 and is enforced by the Town's Inspectional Services / STR inspection team. Operating without a current Certificate of Registration, exceeding the 90-day (or Select Board-approved 180-day) annual cap, or hosting unrelated occupants beyond 3 without code-compliant sleeping rooms can lead to fines, suspension, modification, or revocation of the STR Certificate of Registration. Each day of violation may be treated as a separate offense.
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