Brookhaven, GA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Section 27-629 of the Brookhaven Code treats short-term rental as a lodging use and defines it as an entire dwelling unit, or a room, group of rooms or other space within a dwelling or property, made available for rent by guests for less than 30 consecutive days. The use itself is described as the use of an owner-occupied residential dwelling unit or portion of it. The permit rules sit in subsection (3)(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, so the code ties primary residence to the county homestead record and to a one-year ownership history.

Beyond who qualifies, the section limits how the permit is held. A permitted property cannot be listed or rented for more than 180 days per calendar year. No owner in the City of Brookhaven can advertise, offer, operate, rent or otherwise make a short-term rental available without a permit, and advertising covers written, electronic, web-based digital and mobile media. The permit cannot be issued to any business entity, and the code names partnerships, limited liability partnerships, limited liability companies and personal and family trusts. An owner keeps one permit at any time and cannot hold a financial interest in more than one short-term rental in the city.

The Department of Community Development takes the application before the first rental and every year afterward. It asks for the owner of record, anyone else holding a financial interest, a 24-hour rental agent, the marketplace facilitator, the bedroom count and occupancy limit, and proof of insurance. When the property changes hands the permit expires. Permits are also capped at five percent of the residential parcels within each city council district, with protection for holders of a permit before October 24, 2023 who seek renewal. A change of rental agent must be reported within five business days.