The Mayor and Council of the Borough of Rutherford, County of
Bergen, State of New Jersey, hereby finds and adopts, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this ordinance as its findings of fact. This chapter shall become effective
January 1, 2019, after being published in accordance with law.
As used in this chapter, the following terms shall have the
meanings indicated:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this chapter, as same may be viewed through various media,
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, Internet websites, or
text or other electronic messages, for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this chapter.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration, including a promise or benefit,
a quid-pro-quo, rent, fees, other form of payment, or thing of value.
DWELLING UNIT
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or potions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guests,
for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type situation, involving one or more
persons living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
OWNER
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
uses, possesses, owns, leases, subleases or licenses (including an
operator, principal, shareholder, director, agent, or employee, individually
or collectively), that has charge, care, control, or participates
in the expenses and/or profit of, a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
PERSON
An individual firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by a person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this chapter.
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.
This chapter shall supersede and replace any other provisions
of the Code of the Borough of Rutherford, currently existing or later
enacted, which have or may be construed to have differing or contrary
terms or conditions relating to the subject of this chapter. This
chapter is not intended to alter the currently existing or later enacted
amendments to the Borough's Zoning Code and is solely intended to address those situations set forth within §
96A-2.