Short-term rental (Airbnb) rules in Brookline, Massachusetts
Yes, but only in your primary residence (where you live at least 183 days a year) and only after you get a Certificate of Registration from the Select Board's Office. You can rent short-term for up to 90 days a year (up to 180 with Select Board approval), with at most 2 guests per bedroom and 8 guests total. These rules come from the version of the bylaw approved in March 2022 and may have changed.
| Short-term rental definition | 27 consecutive days or less [1] |
| Primary residence | At least 183 days of the calendar year [2] |
| Registration | Certificate of Registration required before operating [3] |
| Annual rental-day cap | 90 days (up to 180 with Select Board approval after a hearing) [4] |
| Max occupancy | 2 per bedroom, 8 guests maximum [5] |
| Minimum stay | 24 consecutive hours [6] |
| Fines | $100 / $200 / $300 per violation; each day counts [7] |
Who can operate
These rules come from the certified 2021 Town Meeting text of the bylaw (approved by the Attorney General March 1, 2022); the current General By-laws are online only at eCode360, so check for later changes. Brookline's General By-law Article 5.11 defines a short-term rental as renting all or part of a dwelling unit for not more than 27 consecutive days, and the unit must be the operator's primary residence [1]. A primary residence means you live there at least 183 days a year [2]. The operator must be the owner. Proof of residence is enrollment in (or eligibility for) Brookline's residential tax exemption, plus a signed affidavit every year. Units in income-restricted housing, units with open code violations, and properties behind on town taxes or fees are not eligible.
Registration and inspection
You may not operate without a current Certificate of Registration [3]. Apply to the Select Board's Office with the application fee, proof of primary residence, a floor plan naming each sleeping room and its occupancy, a 24-hour local contact who can respond in person within two hours, and, for condos, a certification from the association that its documents expressly allow STRs. The Health, Building and Fire Departments inspect before the first certificate is issued. Certificates last 1 to 5 years, can't be transferred, and become void if the owner or your primary residence changes. The town mails notice of the certificate to abutters.
Operating limits
- Up to 90 rental days per year. The Select Board can raise this to 180 after a public hearing [4].
- Occupancy is capped at bedrooms x 2, up to 8 guests, counting long-term renters on the property [5].
- No stays shorter than 24 hours [6], and no commercial uses in the unit.
- Listings must show your town registration number. Keep guest records for 3 years, and post an evacuation diagram and a binder with contacts, trash and parking information.
Penalties and caps
Fines are $100, $200 and $300 for later violations, and each day counts separately [7]. Three violation notices in 12 months revoke the certificate. The Select Board may also set a cap on the number of certificates. The bylaw says STRs are also subject to Article 4.7 of the General By-laws, which we did not review.
If your home has an accessory dwelling unit, the May 2024 version of Brookline's ADU zoning rules banned short-term rentals of both the ADU and the main house. That section was amended again in November 2024, so confirm whether the ban still applies.
See how Brookline compares with 8+ other Massachusetts towns on short-term rentals (airbnb / vrbo) →
Next steps
- Confirm the unit is your primary residence and that you are enrolled in (or qualify for) Brookline's residential tax exemption.
- If you live in a condo, get the association's signed certification that its governing documents expressly permit short-term rentals.
- Apply to the Select Board's Office for a Certificate of Registration with the fee, a labeled floor plan with room occupancies, and 24-hour local contact information.
- Schedule the Health, Building and Fire Department safety inspection, then post your registration number in every listing.
- Register separately with the Massachusetts Department of Revenue under the state short-term rental law.
Common questions
- Are short-term rentals allowed in Brookline, Massachusetts?
- Yes, but only in your primary residence, where you live at least 183 days a year, and only after getting a Certificate of Registration from the Select Board's Office. These rules come from the March 2022 bylaw version and may have changed.
- How many days can I rent my home short-term in Brookline, Massachusetts?
- Up to 90 days a year, or up to 180 with Select Board approval after a public hearing.
- How many guests are allowed in a short-term rental in Brookline, Massachusetts?
- At most 2 guests per bedroom and 8 guests total, counting long-term renters on the property.
- What are the fines for illegal short-term rentals in Brookline, Massachusetts?
- Fines are $100, $200 and $300 for later violations, and each day counts separately. Three violation notices in 12 months revoke the certificate.
- Can I short-term rent a home with an ADU in Brookline, Massachusetts?
- The May 2024 ADU zoning rules banned short-term rentals of both the ADU and the main house, but that section was amended in November 2024, so confirm whether the ban still applies.
Massachusetts' short-term rental law
Since July 1, 2019, M.G.L. c. 64G has taxed and regulated short-term rentals: stays of 31 days or less in a home, apartment, condo or room booked in advance.
State requirements:
- Register with the Department of Revenue (DOR) on MassTaxConnect and get a Certificate of Registration for each property. Post it in the unit.
- 14-day exemption: if you rent a property 14 days or fewer in a calendar year, no tax is due. You still have to register and file DOR's declaration by January 15 each year. Go over 14 days and you owe tax on every day, including the first 14.
- State room occupancy excise: 5.7% of rent (including cleaning and booking fees).
- Local taxes on top, if your town has adopted them: a local excise of up to 6% (6.5% in Boston), and a community impact fee of up to 3%. The fee applies to "professionally managed" units (an operator with 2 or more units in a town, other than units in the owner's own 1 to 3 family home) and, by separate vote, to units in an owner-occupied 2 or 3 family house. Barnstable County towns add 2.75% for a regional water fund.
- Insurance: at least $1 million liability coverage per unit, unless the booking platform provides equal coverage (c. 175, §4F).
Towns may go further (c. 64G, §14). They can require local licenses and inspections, cap the number of days or units, limit where rentals are allowed, or ban them entirely.
What the bylaw says
- Art. 5.11, Sec. 5.11.2 Definitions, General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 2
“Short-Term Rental”, or “STR”: The rental of a whole or portion of a Dwelling Unit for not more than 27 consecutive calendar days, as otherwise defined by M.G.L. Chapter 64G, Sec. 1, which shall be the Primary Residence of the operator.
- Art. 5.11, Sec. 5.11.2 Definitions, General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 2
“Primary Residence”: Any property at which a resident resides for at least 183 days of the calendar year.
- Art. 5.11, Sec. 5.11.6(1), General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 6
No person shall operate a Short-Term Rental without a current Certificate of Registration pertaining to the Short-Term Rental Unit.
- Art. 5.11, Sec. 5.11.6(3), General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 6
A Short-Term Rental Operator may rent their Short-Term Rental Unit for up to 90 days per year. Upon the request of an applicant, the Select Board, following a set of criteria established by the Select Board and following a public hearing, may increase the number of rental days up to a maximum of 180 days per year under the Certificate of Registration.
- Art. 5.11, Sec. 5.11.3(1)(e), General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 3
Occupancy (including long term renters on the property) is limited to the number of bedrooms multiplied by 2, up to a maximum of eight (8) guests provided, however, that any occupancy in excess of three (3) persons who are not within the second degree of kindred to the person conducting the Short-Term Rental must be in compliance with state and local law, regulations and code.
- Art. 5.11, Sec. 5.11.6(9), General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 8
Renting for durations of less than twenty-four (24) consecutive hours shall not be permitted.
- Art. 5.11, Sec. 5.11.9 Fines, General By-law Article 5.11 Short-Term Rentals (certified, as amended 2021 ATM Art. 17; AG approved March 1, 2022), p. 8
Any person violating this By-law shall be fined in the amount of $100 for the first violation, $200 for the second violation, and $300 for the third and any subsequent violations. Each day of a continuing violation during the rental period shall count as a separate violation.