As used in this chapter, the following terms shall have the
meanings indicated:
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 chapter, as same may be viewed through various media,
including, but not limited to, 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 chapter.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration, including a promise or benefit,
a quid pro quo, rent, fees, monetary compensation, other form of payment
or compensation, or thing of value.
DWELLING or DWELLING UNIT
Any building, structure, or portion thereof, whether furnished or unfurnished, which is used or 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 shall also include the phrases "dwelling, one-family," "dwelling, two-family," and a "multifamily housing development" as those terms are defined in §
102-4 of the "Land Use Ordinance of the Township of Boonton;" and any unit therein, include any apartment, condominium, building, cooperative, converted space, or portions thereof, that are offered for use, made available for use, or are used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s).
HOUSEKEEPING UNIT
Refer to a family-type situation involving one or more persons
living together as a single, nonprofit unit and whose relationship
is of a permanent, stable and domestic character, and exhibits the
kinds of qualities and characteristics of stability, permanency and
functional lifestyle equivalent to that of a traditional single-family
unit. The term shall not include nonfamilial institutional uses, boarding
homes, fraternities, sororities, clubs, associations, as further described
in the applicable reported and unreported decisions of the New Jersey
Superior Court. The term shall not include housing for fraternal sorority
organizations, fraternal organizations, rooming houses, boarding houses.
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 individual person(s) or entity(ies), association, limited
liability company, corporation, or partnership, or any combination
thereof, holding title to property, or who legally use, possess, own,
lease, sublease or license (including an operator, principal, shareholder,
director, agent, or employee, individually or collectively) that has
charge, care, control, or 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.
PERSON
An individual, firm, corporation, association, partnership,
limited liability company, entity, and any other person(s) and/or
entity(ies) acting in concert or any combination thereof.
PRINCIPAL RESIDENCE
The address: (1) where at least one of the property owners
spends the majority of his or her nonworking 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 of the above requirements
must be met in order for an address to constitute a principal residence
for purposes of this chapter.
SHORT-TERM RENTAL
The use, in exchange for compensation or gift, of a dwelling
unit for occupancy by one or more persons other than the owner or
permanent resident for a period of 30 consecutive days or less, except
that licensed hotels and motels shall not be considered short-term
rental property.
SHORT-TERM RENTAL PROPERTY
A residential dwelling unit that is used or advertised by
the owner or the owner's agent for rent by transient occupants
and/or their guests, as those terms are defined in this section, for
a period of 30 consecutive days or less, except that licensed hotels
and motels shall not be considered short-term rental property.
TRANSIENT OCCUPANT
Any person or guest or invitee of such person, who in exchange
for compensation or gift, occupies or is in actual or apparent control
or possession of residential property, for a period of 30 consecutive
days or less.
The residential use and occupancy of an otherwise lawful and
lawfully occupied dwelling unit for a period of 30 consecutive days
or less by any person who is a member of the housekeeping unit of
the owner, occupying a dwelling unit which is the principal residence
of the owner, at the permission of the owner, without consideration
or the exchange of anything of value, such as social guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article for the rental of a dwelling
for a period of 30 days or less.
Any change of occupancy for a residential dwelling unit as permitted
pursuant to this chapter shall be required to obtain a certificate
of smoke alarm, carbon monoxide alarm, and portable fire extinguisher
compliance pursuant to the New Jersey Uniform Fire Code (N.J.A.C.
5:70-2.3).