Brookline, Mass., Code of Bylaws ch 5 11 § 5.11.4
Registration procedure and submission requirements (Brookline Short-Term Rentals)
Operative Text
A. In connection with an application for a certificate of registration, the operator shall provide to the Select Board's office all documentation that the office shall require, which shall include, but not be limited to: (1) Any application fee, as may be determined by the Select Board. (2) Proof of primary residence, either by: 1) providing proof of enrollment in the Brookline residential tax exemption program; or 2) documentation necessary to otherwise qualify the operator for the Brookline residential tax exemption, showing the current address of the operator as the address of the STR. Additionally, primary residency must also be certified at the time of application and not less than once per calendar year thereafter by an affidavit in a form provided by the Town and signed by the operator. (3) Where a short-term rental unit is part of a condominium association, a certification signed by the condominium association that the condominium master deed, by-laws, or other governing documents expressly permit the proposed short-term rental. (4) Floor plan of the short-term rental unit, indicating the specific rooms to be offered. The floor plan shall identify each room by a numerical or alphabetical identifier. The floor plan may be sketched by hand but should be legibly labelled with the numerical or alphabetical identifier and the use of that room (e.g., bedroom, living room, etc.). The floor plan should identify the rooms to be used as sleeping accommodations and the proposed maximum occupancy for each. An operator may be asked to resubmit a floor plan with amendments in the event it is unacceptable to the Town's inspectional departments for health and/or safety or code compliance reasons. (5) Local contact information. When registering, a short-term rental operator must provide their name, address, home telephone number, cell phone number, and email address, as well as such contact information for a secondary contact. Such contact information should identify at least one individual with corresponding contact information (including an active telephone number at which the person will be reachable 24 hours a day) who can respond in person within two hours of contact by a Town official to any issue or emergency that arises during a short-term rental. (6) Such other information and documentation as the Select Board's office may determine. (7) Except as may be otherwise specified by Select Board regulation promulgated pursuant to this by-law following a public hearing, within 14 days of the issuance of any certificate of registration, the Select Board office shall mail notice of the certificate of registration to adjacent abutters (property owners, residents, and tenants) of the short-term rental unit. B. The initial issuance and renewal of a certificate of registration shall be subject to the applicant's compliance with applicable federal, state and local law, including this by-law. C. The certificate of registration shall be valid for a period of one year to five years, as the Select Board's office may determine. The certificate of registration shall include a registration number and shall identify the type of short-term rental, the specific rooms that may be used as sleeping accommodations, and the maximum occupancy for each such room and for the unit as a whole. D. An operator may seek modification of a certificate of registration, including, with regard to rooms to be used as sleeping accommodation and maximum occupancies, by submitting such documentation as may be required by the Select Board's office in connection with such request. Modification of a certificate of registration is subject to approval by the Town's Public Health and Human Services, Building and Fire Departments, who may conduct a preapproval health and safety inspection as necessary. No modification of a certificate may effect a change to the type of short-term rental for which the certificate was issued. E. Certificates of registration are nontransferable. A certificate of registration shall be null and void upon a change in property owner or upon any change in the primary residence of the short-term rental operator that makes the unit ineligible for operation as a short-term rental under this by-law. F. An enforcement authority may revoke, suspend or modify a certificate of registration for good cause. The short-term rental operator shall have the right to a hearing, or opportunity therefor, in connection with such action. G. Should the short-term rental operator be issued three or more violation notices within any twelve-month period under this chapter, or arising from any violation of any municipal ordinance, state law, or building code, the certificate of registration will be revoked. In such case, a new certificate of registration may only be reissued after a public hearing before the Select Board, which may impose additional conditions. In the event an enforcement authority suspends or revokes an operator's right to operate an STR, the Town shall notify the Massachusetts Commissioner of Revenue of the suspension or termination.
Section 5.11.4 of Brookline's Code of Bylaws establishes the full registration process for short-term rental (STR) operators, detailing what must be submitted to obtain and maintain a certificate of registration. Operators must demonstrate primary residency, pay applicable fees, provide floor plans and local contact information, and — where applicable — obtain condominium association approval. Certificates last one to five years, are non-transferable, and can be revoked or suspended for cause, including accumulating three or more violation notices within any twelve-month period.
Plain English — not legal advice.
Under § 5.11.4, a compliant STR operator assembles a complete application package for the Select Board's office, including proof of primary residency (via the Brookline residential tax exemption program or equivalent documentation), an annual affidavit certifying continued primary residency, a legible floor plan identifying each room and its proposed maximum occupancy, and 24/7-reachable local contact information. Operators whose unit is part of a condominium association also secure a signed certification from that association confirming the governing documents expressly permit short-term rentals. Compliant operators track their violation history carefully, since § 5.11.4(G) provides that three or more violation notices within any twelve-month period triggers automatic certificate revocation, after which reinstatement requires a public hearing before the Select Board.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you live adjacent to a registered STR, § 5.11.4(A)(7) requires the Select Board's office to mail you notice of any newly issued certificate of registration within 14 days of its issuance, giving neighbors an early opportunity to be aware of nearby STR activity. Tenants who believe an STR operator is not complying with the registration requirements of § 5.11.4 — such as failing to maintain valid primary residency or operating without a current certificate — can report concerns to the Select Board's office or other Town enforcement authorities. Tenants may also consult a tenant-rights organization to understand how local enforcement mechanisms, including the violation-notice and revocation process under § 5.11.4(G), might apply to a situation they are experiencing.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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