[HISTORY: Adopted by the Township Council of the Township
of Marlboro 9-17-2020 by Ord. No. 2020-12. Amendments noted where applicable.]
A.
The Township of Marlboro is authorized to regulate buildings used
for sleeping, lodging and occupancy for purposes including but not
limited to boarding houses, rooming houses, rental housing or other
living units pursuant to N.J.S.A. 40:52-9(d) and (n). In addition,
N.J.S.A. 40:48-2.12a 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 and abate conditions
therein harmful to the health and safety of the occupants of said
buildings and structures and the general public in the municipality.
This chapter aims to preserve housing for long-term tenants and to
minimize the potential deleterious effects of short-term rental properties
on other properties in the surrounding residential neighborhoods in
which they are located. The increasingly widespread practice of renting
or leasing various types of dwellings, or segments thereof, located
primarily in residential neighborhoods has been popularized and facilitated
by various websites that advertise and broker these rentals. Left
unaddressed, this practice has the potential to make it increasingly
difficult for people to locate permanent housing and have an adverse
effect on the health, safety and quiet enjoyment of the affected neighborhoods.
B.
This chapter does not apply to lawfully established and operating
hotels, motels, rooming houses, boardinghouses and bed-and-breakfast
establishments/units.
As used in this section, the following words shall mean:
Any form of solicitation, promotion or communication for
marketing, used to induce, directly or indirectly, any person into
contracting for services for the purpose of establishing occupancies
or uses of residential property for which are prohibited by this chapter.
A lodging use where rooms within a single dwelling unit are
provided to transients by a resident operator for a fee by prearrangement
on a daily or short-term basis. A breakfast and/or light snacks may
be served to those renting rooms in the bed-and-breakfast.
A room within a bed-and-breakfast that is offered or provided
to a guest(s) by a bed-and-breakfast operator for a fee for fewer
than 30 consecutive nights.
Any legally recognized form of consideration including a
promise or benefit, a quid pro quo, rent fees, other form of payment
or any other thing of value.
Any room or group of rooms, whether furnished or unfurnished,
intended, arranged or designed to be occupied, for living, sleeping,
cooking, gathering and/or entertaining by one or more persons.
Remuneration or anything of economic value that is provided,
promised, or donated primarily in exchange for services rendered.
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 decisions of the New Jersey Courts.
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 who, alone or with others, has title or interest
in any building, property, dwelling unit, or portion thereof, with
or without accompanying actual possession thereof, and including any
person who as agent, or executor, administrator, trustee, or guardian
of an estate has charge, care, or control of any building, dwelling
unit, or portion thereof. A person whose sole interest in any building,
dwelling unit, or portion thereof is solely that of a lessee under
a lease agreement shall not be considered an owner.
Any individual, firm, corporation, association, governmental
entity, or partnership and its agents or assigns.
A parcel of real property located within the boundaries of
the Township of Marlboro, Monmouth County, New Jersey.
All or any portion of any lot, tract or parcel of land on
which is located one or more dwelling units, or which is zoned for
residential uses.
A.
Notwithstanding anything to the contrary contained in the Township
Code, it shall be unlawful for an owner, lessor, sub-lessor, any other
person or entity with possessory right in a dwelling unit, their principals,
partners or shareholders, or their agents, employees or representatives
to receive or obtain actual or anticipated consideration for advertising,
offering and/or permitting, allowing or suffering the use or occupancy
of any dwelling unit or of any residential property, as defined herein,
for a period of less than 30 consecutive days.
B.
Nothing herein shall be deemed to prevent the otherwise lawful occupancy
of a dwelling unit or a residential property for a rental period of
more than 30 days.
C.
The provisions of this chapter shall not apply to hotels, motels,
rooming houses, boardinghouses and bed-and-breakfast establishments/units
otherwise permitted under other chapters of the Township Code.
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 30 days or less by any occupant
who is a member of the housekeeping unit of the owner, without consideration
or a fee, is not prohibited by this chapter.
It shall be unlawful to advertise, solicit or promote by any
means, any action in violation of this chapter.
A.
The provisions of this chapter may be enforced by the Construction
Code Official, Fire Official, Health Department or Code Enforcement
Officer.
C.
Each and every day a violation of this chapter persists shall constitute
a separate violation.
D.
To the extent the conduct prohibited under this article also violates
other provisions of the Township Code, those violations constitute
separate offenses subject to additional fines and penalties as prescribed.
