Brookline, Mass., Code of Bylaws ch 8 3 § 8.3.4
Basement rooms (Brookline Dwelling Houses Used in Common)
Operative Text
No room in the basement or cellar of such dwelling houses shall be used for living purposes without a written permit from the Board of Health.
Section 8.3.4 of Brookline's Code of Bylaws prohibits the use of any basement or cellar room in a dwelling house as a living space unless the Board of Health has issued a written permit specifically authorizing that use. The rule applies regardless of how the space is otherwise configured or marketed. Without that permit, occupying or allowing occupancy of such a space for living purposes is not permitted under this provision.
Plain English — not legal advice.
Under CH. 8.3 § 8.3.4, property owners and managers who have basement or cellar spaces in dwelling houses must obtain a written permit from the Brookline Board of Health before allowing any tenant to use those spaces for living purposes. Compliant operators typically secure this permit before listing, leasing, or representing any below-grade room as a habitable unit. Maintaining documentation of any Board of Health permit on file is a standard practice for demonstrating compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.3.4 establishes that a basement or cellar room in a Brookline dwelling house may only be used as a living space if the landlord holds a written permit from the Board of Health. Tenants currently living in such spaces may wish to ask their landlord whether that permit exists and is current. Those who believe their unit lacks the required permit can contact the Brookline Board of Health to inquire about the permit status or explore available complaint processes, and may also consult a local tenant-rights organization for general guidance on their options.
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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