Township of Teaneck, NJ Chapter 23 Lodging Places Other Than Hotels/Motels

Article I Short-Term Rentals

[Ord. No. 31-2023,[1] 9-5-2023]

[1] Editor's Note: This ordinance repealed former Ch. 23, Lodging Places Other Than Hotels/Motels, which consisted of §§ 23-1, 23-4 and 23-6, adopted by Ord. No. 1294, § 2, as amended, and §§ 23-2, 23-3, 23-5 and 23-7, adopted by Ord. No. 3073, 2-10-1987, § 1, as amended.

Sec. 23-1 Short-term rental licensing.

(a) The purpose of this Chapter 23, Article I, is to curtail the use of single-family detached houses as boarding homes in all residential districts, while at the same time allowing for the short-term rental of private residences to visitors in such a way so as to ensure that such rental use does not create adverse impacts to neighboring properties due to excessive traffic, noise, and density.

(b) As used in this section, the term "short-term rental" shall mean the rental for compensation of a dwelling, or portion of a dwelling, for the purpose of overnight lodging for a period of not less than one night and not more than 30 consecutive days, other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence. This definition shall include boardinghouses and lodging houses but shall not include hotels, motels, bed-and-breakfast inns, universities, or hospitals. "Short-term rental" shall be otherwise synonymous with "transient accommodation" as defined in Chapter 15 of this Code.

(c) The person offering a dwelling unit for short-term rental use must be the owner of the residence in which the short-term rental activity occurs. Short-term rental activity may not occur in any accessory building located on the same premises as the residence.

(d) All dwelling units being offered for short-term rental use shall be required to obtain any license for such use. Any person offering at least one dwelling unit for short-term rental use in the Township must:

(1) Obtain a license from the Health Officer, or their designee, to offer each dwelling unit for short-term rental. The applicant for such license shall submit to the Health Officer, or their designee, an application in a form to be determined by the Health Officer, or their designee, along with a nonrefundable application/registration fee of $500. Said license shall be valid for a period of one year from the date of issuance, unless the short-term rental property changes ownership, at which time such license shall automatically expire.

(2) Obtain a health certificate from the Health Officer, or their designee. The applicant for such certificate shall submit to the Health Officer, or their designee, an application that shall include the address of the dwelling unit to be rented; the name, address, telephone number and email address, if any, of the owner of such dwelling unit; the name, address, telephone number and email address, if any, of the person or persons to whom the dwelling unit is intended to be rented; the proposed commencement date of the rental occupancy and the proposed term of such rental occupancy. Within seven days of the receipt of the payment of the required fee and the completed application form, the Health Department shall conduct an inspection of the dwelling unit subject to compliance with Subsection (d)(2)b below. Within 14 days of the inspection, the Health Officer or their designee will issue a health certificate or deny the same, setting forth the reasons for such denial. The fee for said inspection and for a second or any additional inspection shall be set forth in Appendix III of Chapter 2 of the Code of the Township of Teaneck.

a. If the Health Officer, or their designee, after a general inspection of the visible parts of the dwelling unit, determines that the dwelling unit is fit for human habitation and complies with the Property Maintenance Code,[1] and all other ordinances of the Township of Teaneck pertaining to building, plumbing, electrical, health, safety, fire, and minimum building standards, and that no violations of state law or of the State Uniform Construction Code exist, which would prevent the issuance of a health certificate pursuant to that code, or the regulations pursuant to that code, shall issue the certificate.

[1] Editor's Note: See Ch. 29A, Property Maintenance Code.

b. If, as a result of a general inspection of the visible parts of the dwelling unit, the Health Officer, or their designee, finds any violation as set forth in Subsection (d)(2)a above, they shall notify the owner of the violation and allow the owner 30 days to correct the violation, by mailing a written notice by certified mail, return receipt and regular mail, or by delivering the notice to the owner or his agent. The notice shall identify the premises and specify the violations and any remedial action. The notice shall state that the failure to correct the violations within the time specified shall constitute a violation of this article and may subject the owner to the penalties hereinafter set forth. No health certificate shall be issued until the violations are corrected or any required remedial action is completed.

c. Any violation of the ordinances of the Township of Teaneck, applicable state regulatory codes and New Jersey statutes shall be grounds for the denial of a health certificate.

(3) All owners or renting agents of real estate or person or persons applying for a health certificate, as provided herein, shall consent to an inspection and shall advise the Health Officer, or their designee, of a reasonable time or times that the inspections may be made and have someone present to assist and provide entry for the inspection purposes.

(4) Ensure that the short-term rental use is clearly incidental to the principal residential uses permitted in the zone where each such dwelling unit is located.

(e) There shall be no sign identifying the short-term rental use, and there shall be no identification of such short-term rental use upon any mailbox.

(f) The short-term rental use shall be conducted in a manner that does not materially disrupt or adversely affect the residential character of the neighborhood.

(g) No equipment or process shall be used in such short-term rental which creates glare, fumes, odors, or other nuisance factors detectable to the human senses outside the lot on which the short-term rental is conducted. Both the owner or lessee of a short-term rental property and the short-term renters shall comply with all ordinances of the Township of Teaneck, including, but not limited to, those ordinances regulating noise and nuisance conduct. Failure of short-term renters to comply with all such ordinances shall subject the short-term renters and the owner or lessee of such short-term rental property to the issuance of fines and/or penalties, as set forth in § 23-3 below.

(h) For all short-term rentals, there shall be an in-Township property manager available at all times if the owner or operator is out of the Township during the time of rental.

(i) The owner of a short-term rental property shall post the following information in a prominent location within the short-term rental unit:

(1) Owner name; if the owner is an entity, the name of a principal in the entity, and phone number for the owner (individual);

(2) The name and phone number of the in-town property manager, should the owner or operator be out of the Township during the time of rental;

(3) The phone numbers for the Township's Police Department, the Township's Fire Department, the Township's Code Enforcement Officer, and the Township's Health Department;

(4) The maximum number of parking spaces available on site;

(5) Trash and recycling pickup day, and all applicable rules and regulations regarding trash disposal and recycling;

(6) A copy of this article; and

(7) Notification that a short-term renter may be cited or fined by the Township for violations of, and in accordance with, any applicable ordinance(s) of the Township.

(j) Use of the short-term rentals for commercial or social events shall be prohibited.

(k) No single short-term rental shall be for a period of more than 30 days.

(l) Short-term rentals shall be limited to a maximum of 60 days per year.

(m) Up to two bedrooms may be rented to guests. Occupancy shall be limited to two guests per bedroom or four total guests, whichever is less. Notwithstanding this provision, an owner of a home may rent out their entire home, consistent with the requirements of this article.

(n) Only one party of guests shall be permitted per short-term rental unit.

(o) No short-term rental shall be permitted in any condominium or townhome, where the condominium association bylaws or master deed, or condominium rules and regulations, do not permit such short-term rental of condominium units in the development.

(p) In no event shall a short-term rental property be rented to anyone younger than 18 years of age. The primary occupant of all short-term rentals executing the agreement between the owner and the occupant must be over the age of 18, and must be the party who will actually occupy the property during the term of the short-term rental. The primary occupant may have guests under the age of 18 who will share and occupy the property with them. Both the primary occupant executing the short-term rental agreement and the owner of the short-term rental property shall be responsible for compliance with this provision, and shall both be liable for a violation, where the property is not occupied by at least one adult over the age of 18, during the term of the short-term rental.

(q) Nothing in this section is intended to impair or affect the rights granted to senior citizens under N.J.S.A. 40:55D-68.4.

Sec. 23-2 Rentals of amenities, features, or accessory buildings or structures.

Except as it relates to the holder or beneficiary of a film permit issued by the Township of Teaneck, the lease or rental of any amenity, feature, or accessory building or structure appurtenant to or associated with a dwelling is prohibited, including but not limited to any private pool, regardless of the purpose or length of time of said lease or rental.

Sec. 23-3 Violations and penalties.

The penalty for violation of the foregoing provisions shall be as set forth in Chapter 1, § 1-6, General penalty, for each offense. Additionally, any violation of this article may subject a violator to any remedy, legal or equitable, available to the Township. Remedies may specifically include revocation of the short-term rental privilege as permitted under this article.