Overview: Are Short-Term Rentals Allowed in Brookline, Massachusetts?

Yes. Short-term rentals are allowed in Brookline but only when operated by the owner as their primary residence and only after obtaining a Certificate of Registration from the Town. Operators must meet all eligibility criteria, pass Health/Building/Fire inspections, and comply with state and local laws—including Massachusetts Department of Revenue (DOR) tax registration and payment.

Primary limitations and conditions include:

• Owner must live in the property as their primary residence (≥183 days per year).
• Maximum occupancy: 2 persons per bedroom, up to 8 guests total.
• Annual rental day cap: 90 days per year, with a potential increase to 180 days by request to the Select Board.
• Certificate of Registration (valid up to 5 years) required; inspections mandatory.
• DOR Room Occupancy Excise Tax registration, remittance, and $1,000,000 liability insurance required.

Sources: Brookline STR page, STR Checklist, Zoning By-Law Article 14, DOR Room Occupancy Excise Tax, and related town content.

How to Start a Short-Term Rental Business in Brookline

1. Confirm Eligibility and Primary Residence

• Confirm your property is your primary residence and that it is not:
  • Subject to income-eligible or income-restricted programs (e.g., Inclusionary Housing, below-market rate).
  • Subject to any outstanding building, sanitary, zoning, or fire violations or orders.
  • In arrears for municipal or state taxes, fines, or fees.
  • Operating as a lodging house on the same property.

2. Prepare Required Documents

• Local contact information (owner plus secondary contact, reachable 24/7 and able to respond in person within 2 hours).
• Floor plan of the dwelling unit, labeled by room type and proposed sleeping occupancy.
• Pest control plan.
• Proof of primary residence (e.g., Brookline residential tax exemption documentation; or affidavit with photo ID and current utility/government correspondence showing name and address).
• If a condo: affidavit that STR use is permitted under condominium documents.
• Property compliance confirmation: building, fire, and health codes, life safety devices, egress, etc.
• Liability insurance: minimum $1,000,000; notify your insurer.
• DOR registration for Room Occupancy Excise Tax.
• Advertisement plan: must include the Town-issued registration number; use the name stated on the Certificate of Registration.

3. Apply and Pay the Fee

• Create or log in to Brookline’s online permitting portal (Accela) and submit the Short-Term Rental Registration Application.
• Application fee: $275.
• After submission, wait for email instructions to schedule inspections.

4. Schedule and Pass Inspections

• Health, Building, and Fire departments will inspect the unit to verify compliance with codes and the STR by-law.
• Prepare life safety systems and egress routes, posted diagrams, and required binder contents (see compliance requirements below).
• Re-inspections (if needed) may incur fees.

5. Obtain Certificate of Registration

• Upon satisfactory inspection, receive your Certificate of Registration. You may then advertise and operate the STR.
• Certificate valid for up to 5 years (subject to ownership/operator changes and Town inspection frequency).

6. Ongoing Compliance and Reporting

• Maintain accurate business records for three years (dates of rental, rates, guest names/contact info).
• Comply with advertising and parking rules.
• File and remit Massachusetts Room Occupancy Excise Tax (platforms often collect and remit automatically, but you remain responsible).

Required Documents, Permits, Licenses, and Guidelines

• Short-Term Rental Certificate of Registration (Town-issued)
• Application via Accela (Select Board/Building Department portal)
• $275 application fee
• Local contact information and 24/7 response capability documentation
• Floor plan (labeled; identify sleeping rooms and proposed occupancy)
• Pest control plan
• Proof of primary residence (tax exemption documentation or affidavit with ID and current utility/government correspondence)
• Condominium affidavit (if applicable)
• Liability insurance certificate (≥$1,000,000)
• Massachusetts Department of Revenue (DOR) Room Occupancy Excise Tax registration
• Posted materials in the STR unit:
  • Certificate of Registration
  • Emergency exit diagram (in each bedroom and all egress routes)
  • Local contact information
  • Waste disposal, recycling/composting instructions
  • Parking regulations and guest directions
  • Fire extinguisher location and evacuation routes

Inspection/Code Compliance:

• Life safety: smoke and carbon monoxide detectors, fire alarm/sprinkler (if applicable), exit signs/emergency lighting
• Egress: two egress doors to public way, unobstructed paths, emergency escape and rescue openings per code
• Interior conditions: minimum room sizes and ceiling heights, ventilation, electrical safety, sanitation
• Heat and utilities: maintain safe temperatures during heating season; adequate hot/cold water
• Windows: operable or mechanical ventilation; insect screens
• Bathrooms: functioning fixtures, non-absorbent finishes, safety glazing

Record-Keeping:

• Retain rental records for 3 years; make available to Town upon request.

Specific Regulations: Brookline and Massachusetts

Town of Brookline (General By-Law and Zoning)

• Eligibility: Primary residence requirement (≥183 days/year); no violations or tax arrears; compliance with all codes.
• Occupancy: Max 8 guests; 2 per bedroom; additional limits if >3 non-related guests.
• Rental day cap: 90 days/year; may increase to 180 days upon Select Board request.
• Certificate: Valid up to 5 years; must be posted; invalid upon ownership/operator change.
• Advertising: Must include Town registration number and only use the operator name listed on the Certificate.
• Prohibitions: No lodging house co-location; no rentals under 24 hours; no commercial uses within STR unit; no STR in properties subject to income restrictions (Inclusionary Housing, below-market rate).
• Fines: Code violations or STR ordinance violations subject to fines up to $300/day.
• Inspections: Health, Building, and Fire; re-inspection fees may apply.
• Required postings and binder contents (exit diagrams, local contact, parking instructions, waste/recycling rules, and a copy of the Certificate). -Condominiums: STR use must be permitted by condo association documents.

Massachusetts (State Law and Tax)

• STR Definition: Rental of a dwelling unit or bedroom for fewer than 27 consecutive days (consistent with M.G.L. c. 64G).
• Taxes: Room Occupancy Excise Tax (often 5.7% plus local community impact fees). Operators must register with the DOR; many platforms collect and remit automatically.
• Liability Insurance: Maintain minimum $1,000,000 coverage; notify your insurer.

Contact Information (Local Authority in Charge of STRs)

Brookline Building Department (Licensing and Inspections)

• Phone: 617-730-2100
• Address: 333 Washington Street, Brookline, MA 02445
• Online Permitting (Accela) Portal

State of Massachusetts (DOR – Room Occupancy Excise Tax)

• Phone: 800-392-6089
• Website: Room Occupancy Excise Tax information

Complaints and Enforcement

• Building Department Complaints: 617-730-2100
• Health Department Complaints: 617-730-2300
• Fire Department Complaints: 617-730-2272
• Report a Concern via BrookONline

Links to Source Pages

• Short-Term Rentals – Town of Brookline: www.brooklinema.gov/2022/Short-Term-Rentals
• STR Zoning By-Law Article 14 (Definitions and Applicability): www.brooklinema.gov/DocumentCenter/View/30742/Short-Term-Rental-STR-Zoning-By-Law-Article-14?bidId=
• Short-Term Rental Information/Checklist (Building Department): www.brooklinema.gov/DocumentCenter/View/30195/Short-Term-Rental-Checklist
• Online Permitting Portal (Accela): aca-prod.accela.com/BROOKLINE/Cap/CapHome.aspx?module=Licenses
• Massachusetts Department of Revenue – Room Occupancy Excise Tax: www.mass.gov/info-details/room-occupancy-excise-tax
• Brookline Zoning By-Law: www.brooklinema.gov/DocumentCenter/View/30742
• Brookline General By-Law (Article 4.7): www.brooklinema.gov/DocumentCenter/View/30743
• BrookONline – Report a Concern: spot.brooklinema.gov/reports/list_services
• Brookline To Allow Airbnbs, Short-Term Rentals (Patch coverage): patch.com/massachusetts/brookline/brookline-allow-airbnbs-short-term-rentals

Compliance Tips and Notes for Investors

• Confirm zoning and condo rules before investing; STRs must align with the property’s residential use and condo documents.
• Budget for inspections, the $275 application fee, and potential re-inspection fees.
• Consider creating an internal operations binder beyond the minimum requirements to streamline guest experience and inspections.
• Work with an insurance broker to secure appropriate coverage and ensure compliance with the $1,000,000 liability minimum.
• Set up systems early for tax remittance (whether using a platform or filing directly with DOR).
• If you plan to exceed 90 days, prepare a request to the Select Board and document the justification.