[Adopted 12-27-1993 by Ord. No. 18-93]
As used in this article, the following terms
shall have the meanings indicated:
ILLEGAL UNIT
Any one of the following shall constitute an illegal unit:
A.
A structure or portion of a structure for which
no certificate of occupancy has been issued.
B.
A unit or structure which would exceed the number
of units permitted under the Zoning Ordinance or any approvals granted by a land use agency of the Borough.
C.
A unit or structure which fails to meet the
requirements of any regulation affecting the health, safety and welfare
of the general public.
D.
A unit or structure which the owner has permitted
occupancy thereof without obtaining therefor required plumbing, electrical
and building permits.
E.
Any structure, unit or portion of property deemed
by an official of a governing agency or by judicial decree to be in
violation of any state, county or municipal regulation.
OWNER
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as owner
or agent of the owner or as executor, administrator, trustee, receiver
or guardian of the estate or as mortgagee in possession, regardless
of how such possession was obtained.
TENANT
Any person residing with the consent of the owner in a structure
or unit of housing space.
UNIT
That portion of a property or parcel, being part of a dwelling
or a separate structure on a parcel, rented or offered for rent for
living and dwelling purposes, together with all privileges, services,
furnishings, furniture, equipment, facilities and improvements connected
with the use or occupancy of such portion of the property.
The failure of an owner to comply with the provisions
of this article shall subject the landlord to a fine not exceeding
the sum of $1,000 or confinement in the Bergen County Jail for a period
not to exceed 10 days, or both.
[Adopted 7-2-2020 by Ord. No. 2-20]
The Borough of Upper Saddle River 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, zoning ordinances, and other state
laws, rules and regulations.
D. The Borough therefore wishes to prohibit short-term rentals in order
to:
(1) Ensure that traditional residential neighborhoods are not turned
into tourist areas to the detriment of long-time residents;
(2) Eliminate property uses that may negatively affect property value;
(3) 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
(4) Prohibit the unlawful creation of commercial enterprises in both
single-family and multifamily dwelling units in violation of Borough
zoning ordinances and public nuisance ordinances.
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 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.
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, 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.
HOSTING PLATFORM
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.
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) who legally use, possess, own, lease, sublease
or license (including an operator, principal, shareholder, director,
agent, or employee, individually or collectively) one or more dwelling
units, or who have charge, care, control, or who participate 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.
[Added 9-2-2021 by Ord. No. 12-21]
The lease or rental, for any purpose, of any amenity, feature,
accessory or appurtenance to or associated with a dwelling is prohibited.
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.
If any section, sentence or any part of this article is adjudged
unconstitutional or invalid, such judgment shall not affect, impair
or invalidate the remainder of this article but shall be confined
in its effect to the section, sentence or other part of this article
directly involved in the controversy which such subject shall be rendered.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this article are hereby repealed, but only
to the extent of such inconsistencies.