[HISTORY: Adopted by the Township Council of the Township of Jackson 8-11-2020 by Ord. No. 12-20. Amendments noted where applicable.]
The Township of Jackson is authorized to regulate buildings used for sleeping, lodging and occupancy for purposes including but not limited to boardinghouses, rooming houses, rental housing or other living units pursuant to N.J.S.A. 40:52-1 et seq. In addition, N.J.S.A. 40:48-2.12(a) provides that the governing body of a municipality may make, amend and repeal and enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said building and structures and the general public in the municipality. This article aims to curtail, and in certain circumstances prohibit, the increasingly widespread practice of renting or leasing various types of dwellings, or segments thereof, located primarily in residential neighborhoods, on a short-term basis to transient guests. This practice has been popularized and facilitated by various websites that advertise and broker these rentals. Left unregulated, this practice will transform many residential dwellings into flophouses to the detriment to the health, safety, and quiet enjoyment of the affected neighborhoods.
This chapter does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building or portion thereof designed or used exclusively for one or more dwelling units, as delineated below:
- SEGMENTED DWELLING
- A room within or section of a dwelling that constitutes an area less than the entire dwelling.
No dwelling, or segment thereof, may be rented or leased for a term of less than 30 days.
The lease or rental of multiple rooms within a dwelling to a single tenant or separate tenants is prohibited.
The lease or rental of a single room within a dwelling is permitted, provided the following conditions are satisfied:
The dwelling has been inspected, issued a rental certificate of occupancy, and complied with all other requirements set forth in Chapter 234.
The landlord has filed the appropriate registration with the Township pursuant to N.J.S.A. 46:8-28 and § 245-1 of the Township Code.
The dwelling complies with all applicable health, safety, construction, zoning, and fire codes.
The dwelling has a minimum of two bedrooms.
The addition of the tenant does not result in a violation of occupancy limitations.
The owner maintains all required insurances in sufficient coverage amounts and has furnished proof thereof to the Township.
The dwelling is owner-occupied year round.
A minimum tenancy of one month, and a maximum of one tenant.
The tenant has unrestricted access to the dwelling's common areas and amenities, including but not limited to kitchens, basements, garages, laundry facilities, patios/porches, pools, assigned closets, assigned bathrooms, and living and dining areas.
Bedroom doors may have privacy locks, but not key locks.
There is sufficient space on the subject property to lawfully provide one on-premises parking space for the tenant's vehicle.
The lease or rental of any dwelling for commercial or corporate purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling is prohibited.
The print, electronic, or internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this chapter or any other applicable provision of the Township Code is prohibited.
The Jackson Township Code Enforcement Officer and the Police Department are empowered to enforce this chapter.
Every person convicted of a violation of a provision of this chapter shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments thereto.
Each and every day a violation of this chapter persists shall constitute a separate violation.
To the extent the conduct prohibited under this chapter also violates other provisions of the Township Code, those violations constitute separate offenses subject to additional fines and penalties as prescribed.