[HISTORY: Adopted by the Mayor and Council of the Borough
of Metuchen 10-16-2017 by Ord.
No. 2017-16. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure and
authorize rules and regulations thereunder for short term rental property
prohibition in the Borough of Metuchen.
The New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(d)
and (n), specifically authorized municipal corporations, including
the Borough of Metuchen to regulate "furnished and unfurnished rented
housing or living units and all other places and buildings used for
sleeping and lodging purposes, and the occupancy thereof and the "rental
of real property for a term of less than 175 consecutive days for
residential purposes by a person having a permanent place of residence
elsewhere."
In recent years, there has arisen a proliferation of internet
and other media advertising often on websites dedicated to the rental
of dwelling units for short terms and for a period of less than 150
days ("short term rental").
The Borough's experience, as well as common experiences,
dictates the conclusion that short term rentals frequently result
in public nuisance, noise complaints, sanitation issues, overcrowding
and illegal parking within the residential neighborhoods of the Borough,
and essentially converted residential dwelling units into illegal
de-facto hotels, motels, boarding houses and other commercial enterprises,
in violation of the Borough's zoning and other codes as well
as State statutes.
The Borough wishes to deter the cyber-social phenomenon of any
owner renting his/her residential dwelling unit(s) on various websites,
as well as the listing of short term rental(s) by website businesses,
of any dwelling units(s) that constitute an illegal business operating
in violation of the Borough's Zoning Code and other public nuisance
ordinances.
The Borough additionally wishes to prevent overcrowding, which
occurs as a result of person(s) effort to reduce the per-occupant
cost of the short term rental(s) which would unlawfully permit the
Borough's occupancy limits to be exceeded.
Some property owners and/or their agents permit commercial boarding-house
type short term rental(s) and overcrowded conditions and other public
nuisances, in order to unlawfully create a commercial enterprise and
income, in violation of the Borough Zoning Code and to maximize their
profit(s).
Common problems also frequently associated with such short term
rental(s) include overcrowding, excessive noise, unruly behavior,
obscene language, fighting, littering, parking of vehicles on lawns,
public urination, sanitation issues, poor maintenance of the property
and grounds, and violation of trash collection ordinances.
The Mayor and Council of the Borough of Metuchen hereby find and adopt, as if set forth more fully herein, the fact assertions of the "Whereas" clauses § 148-1, of this chapter, as their findings of fact.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sub-lessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partner or shareholders, or their agents,
employees, representative and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 150 days
or less.
Nothing in this chapter will prevent formation of an otherwise
lawful occupancy of a dwelling unit for a rental period of more than
150 days.
Unless otherwise specified herein, the following definitions
shall be used for terms within this chapter:
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.
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.
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 portions 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 guest(s),
for consideration, for a period of 150 days or less.
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.
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 possessor right(s) within a
dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation or partnership or any combination, who legally
use, possess, own, lease, sub-lease or license (including an operator,
principal, shareholder, director, agent or employee, individual 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.
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 use of a dwelling unit by an occupant(s).
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 150 days or less by any 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.
The provisions of this chapter shall be enforced by the Zoning
Officer, Building Code Official, Fire Official, Health Department,
Police Department, Borough Administrator or other Department Head
or Subcode or Code Official, as their jurisdiction may arise or other
persons designated by the Borough Council, to issue municipal civil
infractions directing alleged violators of this chapter and/or to
appear in court or file civil complaints.
A.Â
A violation of this chapter is hereby declared to be a public nuisance
per se, and is hereby further found and declared to be offensive to
the public health, safety and welfare.
B.Â
Any person found to have violated any provision of this chapter without
regard to intent or knowledge, shall be liable for the maximum civil
penalty, upon adjudicated violation or admission of a fine not exceeding
$1,250. Each day of such violations shall be a new and separate violation
of this chapter.
C.Â
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorney's
fees or other fees and costs, in the Borough's Municipal Court
or the Superior Court of New Jersey in the vicinage of Middlesex County
or in such other Court or tribunal of Competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
