[HISTORY: Adopted by the Mayor and Council
of the Borough of Montvale 12-30-2019 by Ord. No. 2019-1476 (Ch. 102 of the
1966 Code). Amendments noted where applicable.]
The Borough of Montvale does hereby find as follows:
A.
The New Jersey Legislature has, pursuant to N.J.S.A.
40:52-1(d) and (n), authorized municipalities 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," as well as 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."
B.
In recent years, there has been a marked increase
in the advertisement of short-term rental of dwelling units for periods
from one to 175 days ("short-term rentals") within the Borough and
neighboring municipalities.
C.
The Borough has determined that short-term rentals frequently result in a deterioration of the neighborhood character, public nuisance, noise complaints, overcrowding and illegal parking within the residential neighborhoods in the Borough, and the effective conversion of residential dwelling units into de facto hotels, motels, or similar facilities, in violation of the Borough Code, Chapter 400, Zoning, and other state laws, rules and regulations.
D.
The Borough therefore wishes to prohibit short-term
rentals in order to ensure that traditional residential neighborhoods
are not turned into tourist areas to the detriment of long-time residents;
eliminate property uses that may negatively affect property value;
minimize public safety risks and the noise, trash and parking problems
often associated with short-term rentals without creating additional
work for the local Police Department; and prohibit the unlawful creation
of commercial enterprises in both single-family and multi-family dwelling
units in violation of Borough zoning ordinances and public nuisance
ordinances.
As used in this article, the following terms shall have the
meaning indicated:
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 article, as same may be viewed through various media,
including, but not limited to, signs, 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 article.
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, single-family
home, cooperative, converted space, or portions thereof, that is offered
to be used, made available for use, or is actually used for accommodations,
lodging, cooking, sleeping, gathering and/or entertaining of occupants
and/or guest(s), for consideration.
A website or marketplace in whatever form, whether online
or not, which facilitates short-term rentals through advertising,
searching, matchmaking or any other means, using any medium of facilitation
and from which the operator of the hosting platform derives revenues,
including but not limited to booking fees or advertising revenues,
from providing or maintaining the website or marketplace.
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 possessory right(s) within
a dwelling unit.
Any person(s) who legally uses, possesses, owns, leases,
subleases or licenses (including an operator, principal, shareholder,
director, agent, or employee, individually or collectively) one or
more dwelling units, or who has charge, care, control, or who 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).
A residential occupancy for a period of less than 175 days.
A.
Notwithstanding anything to the contrary contained
in the Borough Code, it shall be unlawful for a person or owner to
receive or obtain actual or anticipated consideration for using, authorizing,
permitting, or failing to discontinue the use of any dwelling unit
as a short-term rental, as defined herein.
B.
Nothing in this article will prevent formation of
an otherwise lawful residential occupancy of a dwelling unit for a
rental period of 175 days or more.
C.
Nothing in this article shall be deemed to prohibit
the lawful operation of any hotel as that term is defined in the New
Jersey Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 175 days or more by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
A.
It shall be unlawful for any person to advertise
by any means all actions, or failures to act, that would be in violation
of the provisions of this article.
B.
It shall be unlawful for any hosting platform to
undertake, maintain, authorize, aid, facilitate or advertise any short-term
rentals in violation of this article.
A.
The provisions of this article shall be enforced
by the Construction Official, Zoning Official, Health Department,
other Subcode or Code Official, as their jurisdiction may arise, including
legal counsel for the Borough or other persons designated by the Borough
Council, to issue municipal civil infractions directing alleged violators
of this article and/or to appear in court or file civil complaints.
B.
A violation of this article is hereby declared to
be a public nuisance, a nuisance per se, and is hereby further found
and declared to be offensive to the public health, safety and welfare.
C.
Any person found to have violated any provision
of this article, 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 violation shall be
a new and separate violation of this article.
D.
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 attorneys' fees or other fees and costs, in the Borough's
Municipal Court or the Superior Court of New Jersey in the vicinage
of Bergen County, or in such other court or tribunal of competent
jurisdiction, by either summary disposition or by Zoning or Construction
Code municipal proceeding.
