In accordance with New Jersey law, a municipality may make and
enforce within its limits all ordinances and regulations not in conflict
with general laws as it may deem necessary and proper for the good
government, order and protection of persons and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants. The Township of East Brunswick hereby adopts
the within ordinance in accordance with said authority.
The following terms shall have the meanings indicated below:
BED-AND-BREAKFAST
A single detached dwelling that provides sleeping accommodation
(including breakfast and other meals, services, facilities and amenities)
for the travelling or vacationing public in up to three guest rooms
within said single detached dwelling that is the principal residence
of the proprietor of the establishment.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
designed for living, sleeping, cooking and eating, bathing and toilet
purposes.
OWNER
An individual or entity holding title to a property proposed
for short-term rental, by way of a legally recorded deed.
OWNER-OCCUPIED
The owner of the property resides in the short-term rental
property (hereinafter "STRP"), or in the principal residential unit
with which the STRP is associated on the same lot, and identifies
same as his or her principal residence as that term is defined in
this section. If the owner of the property is an entity other than
an individual or individuals, then at least one principal or member
of the owner entity must reside in the STRP, or in the principal residential
unit with which the STRP is associated on the same lot, and identify
same as his or her principal residence as that term is defined in
this section.
PRINCIPAL RESIDENCE
The address: 1) where at least one of the property owners
spends the majority of his or her non-working time, and 2) which is
most clearly the center of his or her domestic life, and 3) which
is identified on his or her driver's license or State Identification
Card as being his or her legal address. All the above requirements
must be met in order for an address to constitute a principal residence
for purposes of this chapter.
PROHIBITED SHORT-TERM RENTAL
The accessory use of a dwelling unit for occupancy by someone
other than the unit's owner or permanent resident for a period
of less than 30 consecutive days, which dwelling unit is regularly
used and kept open as such for the lodging of guests, and which is
advertised or held out to the public as a place regularly rented to
transient occupants, as that term is defined in this section.
PROPERTY
A parcel of real property located within the boundaries of
the Township of East Brunswick, Middlesex County, New Jersey.
RESPONSIBLE PARTY
Both the short-term rental property owner and a person (property
manager) designated by the owner to be called upon and be responsible
at all times during the period of a short-term rental and to answer
for the maintenance of the property, or the conduct and acts of occupants
of the short-term rental property, and, in the case of the property
manager, to accept service of legal process on behalf of the owner
of the short-term rental property.
SHORT-TERM RENTAL (hereinafter "STR")
The accessory use of a dwelling unit for occupancy by someone
other than the unit's owner or permanent resident for a period
of no less than 30 and no more than 180 consecutive days, which dwelling
unit is regularly used and kept open as such for the lodging of guests,
and which is advertised or held out to the public as a place regularly
rented to transient occupants, as that term is defined in this section.
SHORT-TERM RENTAL PROPERTY (hereinafter "STRP")
A residential dwelling unit, as defined above, that is used
and/or advertised for rent as a short-term rental by transient occupants
as guests, as those terms are defined in this section. Dwelling units
rented to the same occupant for more than 30 continuous days, bed-and-breakfast
establishments, licensed rooming or boarding houses, hotels, and motels
shall not be considered "short-term rental property."
SHORT-TERM RENTAL PROPERTY AGENT
Any New Jersey licensed real estate agent or other person
designated and charged by the owner of a short-term rental property,
with the responsibility for making the short-term rental application
to the Township on behalf of the owner, and fulfilling all of the
obligations in connection with completion of the short-term rental
property permit application process on behalf of the owner. Such person
shall be available for and responsive to contact on behalf of the
owner at all times.
TRANSIENT OCCUPANT
Any person or a guest or invitee of such person, who, in
exchange for compensation, occupies or is in actual or apparent control
or possession of residential property, which is either: 1) registered
as a short-term rental property, or 2) satisfies the definition of
a short-term rental property, as such term is defined in this section.
It shall be a rebuttable presumption that any person who holds themselves
out as being an occupant or guest of an occupant of the short-term
rental is a transient occupant.
A violation of any provision of this chapter may subject the
STRP owner, transient occupant(s), the short-term property rental
agent, and the responsible party or their agents to fines assessed
by the Court as follows:
A. First offense: $250 per day for each day in violation.
B. Second offense: $1,000 per day for each day in violation and a mandatory
court appearance.
C. Subsequent offense: $2,000 per day for each day in violation and
a mandatory court appearance.