Short-Term Rental Application

On April 23, 2019, the Brookhaven City Council adopted the Short-Term Rental Ordinance, which allows resident homeowners to provide temporary lodging at their property with a permit. Applicants may obtain a 1-year permit for $25 or a 3-year permit for $50 and must provide documentation of their current homestead exemption through DeKalb County. In addition, applicants are subject to the excise tax and noise regulations of the City. A full copy of the ordinance can be found below. Applications for permit can be submitted and payment of excise tax can be made through the link provided.

Short-Term Rental Application

Sec. 27-629. - Lodging.

Uses that provide temporary overnight sleeping accommodations or lodging for guests paying a fee or other form of compensation for a period of less than 30 consecutive days. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Lodging use types include: bed and breakfast inns, hotels and motels and short-term rentals. 

(1)Bed and breakfast inn.  A lodging establishment in a detached house in which the resident owner/operator offers accommodations and meal service to overnight guests for compensation. Unless otherwise approved through approval of a special land use permit, the following supplemental regulations apply to bed and breakfast inns: 

a. The length of stay in for guests in a bed and breakfast inn may not exceed seven continuous days, and guests may not re-register for at least 30 days from the termination of their previous stay. 

b. The bed and breakfast inn shall be occupied by the owner or renter of the principal dwelling unit. 

c. The minimum lot area required for a bed and breakfast use is 20,000 square feet. The detached house in which the use is located shall have floor area of at least 2,500 square feet. 

d. No separate kitchen facilities are allowed. 

e. At least one off-street parking space shall be provided for each bedroom in bed and breakfast inn. 

f. The residential character of the dwelling shall be maintained. 

g. Meals may be served only to members of the household occupying the principal dwelling unit and to registered guests of the bed and breakfast inn. 

h. Business and accounting records of the facility shall be made available to the city upon request to verify compliance with regulations. 

(2) Hotel or motel. A lodging establishment other than a bed and breakfast inn or short-term rental. Guest rooms in hotels are accessed via internal corridors, while motels provide access directly from the exterior to each guest room. 

(3)Short-term Rental. The use of an owner-occupied residential dwelling unit or portion of such dwelling unit for lodging. The following supplemental regulations apply to short-term rentals: 

a. Permit required. No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as short-term rental, as defined in this Code, without first obtaining a permit from the department of community development and complying with the regulations contained in this section. No permit issued under this chapter may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.  An applicant may receive only one license per year from the City for short-term rentals.  Applicants cannot have any interest of any kind in more than one property that is licensed by the City for short-term rentals. 

b. Application for permit. Applicants shall submit, on an annual basis, an application for a short-term rental permit to the department of community development. Such application shall include: 

1.The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. Applicants shall be limited to owner-occupiers receiving a current homestead exemption through DeKalb County for the property to be rented; 

2.The address of the dwelling unit to be used as a short-term rental; 

3.The name, address, telephone number and email address of the short-term rental agent, which shall constitute his or her 24-hour contact information; 

4.The owner's sworn acknowledgement that he or she has received a copy of this section and all other laws pertaining to short-term rentals, has reviewed it such laws, and understands its their requirements; 

5.The number and location of parking spaces allotted to the premises; 

6.The owner's agreement to use his or her best efforts to assure that use of the premises by short-term rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and 

7.Any other information that this chapter requires the owner to provide to the city as part of an application for a short-term rental permit. The department of community development shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter. 

8.If the rental agent changes, the property owner shall notify the city within five business days. 

9. Application fees shall be as established by the city council. 

10. As part of the application, applicants must provide proof of insurance for the property to be used as a short-term rental. 

11. Applicants must state which marketplace facilitator(s) the applicant intends to contract with or contracts with for short-term rental of the applicant’s property. If the applicant/owner changes the marketplace facilitator for the short-term rental property, the applicant/owner must notify the City of the change and new marketplace facilitator. 

c. All short-term rentals shall be subject to excise tax pursuant to chapter 24 of the Code of the City of Brookhaven. 

d.  All short-term rentals shall be subject to nuisance and noise regulations pursuant to chapter 16 of the Code of the City of Brookhaven. 

e. The city manager or their designee shall conduct a reasonable search of the city's records to determine if the applicant property has been the subject of two or more citations for a violation of the Code of the city in the preceding calendar year. If the search reveals two or more citations, without regard to a finding of adjudication of guilt, the permit shall not be renewed. 

f. No property authorized by this subsection for short term rentals may list rent the property for such use for more than 180 days per calendar year. 

g. Short-term rentals shall be limited to five percent (5%) of the residential parcels within each city council district.  Holders of a short-term rental permit before October 24, 2023 (“Pre-Existing Permit”) that seek renewal of a pre-existing permit shall not be denied on the grounds that issuance of the permit will exceed the per-district maximum cap limitation. When a transfer of property title occurs for a parcel with a pre-existing permit(s), a new application from the transferee/grantee shall not be denied on the grounds that the issuance of the permit(s) will exceed the per-district maximum cap limitation if the transferee/grantee applies for the new short-term vacation rental permit(s) within six (6) months from the date of title transfer.