[HISTORY: Adopted by the City Council of
the City of East Orange 6-10-2024 by Ord. No. 14-2024.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any room or rooms, or suite or apartment thereof, whether
furnished or unfurnished, which is occupied, or intended, arranged
or designed to be occupied, for sleeping or dwelling purposes by one
or more persons, including but not limited to the owner thereof, or
any of the person's or persons' servants, agents or employees,
and shall include all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
thereof.
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other. "Multiple dwelling" also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership in each of which two dwelling units
are occupied, or intended to be occupied, by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof. "Multiple dwelling" does not include those
buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
Any person alone or jointly or severally with others:
Who has legal or equitable title to any premises, with or without
accompanying actual possession thereof.
Who has equitable title and is either in actual possession or
collects rents therefrom.
Who, as executor, executrix, trustee, guardian or receiver of
an estate or as mortgagee or as vendee in possession, either by virtue
of a court order or by agreement or voluntary surrender of the premises
by the person holding legal title, or as collector of rents, shall
have charge, care or control of any dwelling, boardinghouse or lodging
house; or any such persons thus representing the person holding the
equitable or legal title, all of whom under this chapter shall be
bound to comply with the provisions hereof and any rules and regulations
adopted pursuant thereto to the same extent as if they were the persons
holding legal or equitable title.
The owner of the property who resides in the short-term rental
property, or in the principal residential unit with which the short-term
rental property is associated on the same lot and identifies same
as his or her principal residence as that term is defined in this
section. For purposes of this chapter, 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 short-term
rental property, or in the principal residential unit with which the
short-term rental property is associated on the same lot and identify
same as his or her principal residence as that term is defined in
this section.
A parcel of real property located within the boundaries of
the City of East Orange. Essex County. State of New Jersey.
The short-term rental property owner or 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 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.
The accessory use of a dwelling unit as defined in this section
for occupancy by someone other than the unit's owner or permanent
resident for a period of 28 or fewer 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 defined in this section.
A dwelling unit, as defined in this section, that is used
and/or advertised for rent as an STR for transient occupants as guests,
as those terms are defined in this section.
Any New Jersey licensed real estate agent or other person
designated and charged by the owner of an STRP, with the responsibility
for making the short-term rental application to the City 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.
A civil or criminal complaint, summons, or notice of violations(s)
that is supported by substantial evidence or probable cause.
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 an STRP; or 2) satisfies the definition of "STRP." It shall be
a rebuttable presumption that any person who holds themselves out
as being an occupant or guest of an occupant of the STR is a transient
occupant.
A condition that creates a substantial risk of injury to
life and/or property.
A.
It shall be unlawful for any owner of any property to rent, operate,
or advertise an STR in a manner that is contrary to the procedures
and regulations established in this section or applicable state law.
B.
STR shall only be permitted to be conducted in the following classifications
of property in the City of East Orange:
(1)
Dwelling units located in a condominium association, homeowners'
association, or cooperative association, where the association's
bylaws, master deed, or other relevant governing document permits
STR and where the owner of the unit legally identifies an address
within the association as his or her principal residence.
(2)
Individually or collectively owner-occupied single-family residences.
(3)
Two dwelling units within a two-family residential dwelling, where
one unit is owner-occupied.
(4)
Two dwelling units in a multiple dwelling, provided that:
(5)
No more than three rooms within a single-family residential dwelling
unit operating as a bed-and-breakfast and the remainder of the single-family
dwelling unit is owner-occupied and is identified by the owner as
his or her principal residence, except that no room shall be occupied
by any more than two adults and their minor children at any time.
C.
STR shall not be permitted in a multiple dwelling in which rent is set by HUD, a state agency, agreement with the owner/developer or governed by Chapter 218 of this Code.
D.
The following shall not be permitted to operate as STRs pursuant
to this section: hotels, motels, studio hotels, rooming houses, dormitories,
public or private clubs, convalescent homes, rent homes, homes for
aged people, adult family care homes, assisted living facilities,
community residences for developmentally disabled persons, community
shelters for victims of domestic violence, senior housing, nursing
homes, foster homes, halfway houses, transitional housing facilities,
or other similar facilities operated for the care, treatment, or reintegration
into society of human beings; any housing owned or controlled by an
educational institution and used exclusively to house students, faculty
or other employees with or without their families; any housing operated
or used exclusively for religious, charitable or educational purposes;
or any housing owned by a governmental agency and used to house its
employees or for governmental purposes.
E.
Except as provided in Subsection H of this section, rentals of any dwelling unit where the owner/operator of the STRP is not present shall be conducted no more than 60 total nights per calendar year. Each night in excess of this limit shall be considered a separate violation.
F.
Rentals of any dwelling unit where the owner/operator of the STRP
is not present shall be prohibited in dwelling units located in any
multiple dwellings that contain more than four separate dwelling units.
It shall be a violation to rent or to advertise such properties.
G.
The person offering a dwelling unit for STR use must be the owner
of the dwelling unit. A tenant of a property may not apply for an
STR permit, nor shall the property or any portion thereof be subleased
by the tenant on a short-term basis or operated as an STRP by the
tenant except as provided below. This STRP regulation shall supersede
any conflicting provision in a private lease agreement permitting
subleasing of the property, or any portion of the property. Violation
of this section will result in the enforcement action against the
tenant, the STRP owner, the short-term rental agent, and the responsible
party, and will subject all such parties to the issuance of a summons
and levying of fines and/or penalties.
H.
If, at the time of the adoption of this chapter, an owner is operating
two properties as STRs, it may continue to operate one non-owner-occupied
property as an STR, provided that the following conditions are met:
(1)
The STRP is one of the classifications of property enumerated in Subsection B of this section, notwithstanding the owner-occupied requirements.
(2)
An individual designated by the owner resides in the 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.
The designated individual must be available to be called upon and
be responsible at all times during the period of STR and to answer
for the maintenance of the property, or the conduct and acts of occupants
of the STRP, and, in the case of the property manager, to accept service
of legal process on behalf of the owner of the STRP.
(3)
The non-owner-occupied property is in compliance with the remainder
of this chapter.
I.
If, at the time of the adoption of this chapter, a currently operating
STR that is not eligible for an STR permit under this chapter has
an existing contract with a transient occupant to use the STR for
some period of time before January 1, 2025, the requirements of this
chapter shall not apply to the preexisting contract. During the unpermitted
operation of an STR pursuant to this subsection, the responsible party
must, upon the request of the East Orange Short-Term Rental Subdivision,
provide documentation indicating that: 1) the STR was in operation
before the adoption of this chapter; and 2) the STR contract was made
before the adoption of this chapter. If the requested documentation
is not provided to the East Orange Short-Term Rental Subdivision within
20 days of the request, it shall constitute a violation of this chapter.
J.
The fees charged by an owner under this chapter for an STR shall not be calculated for the purposes of establishing the base rent under Chapter 218 for any property governed under such chapter.
K.
If, at the time of the adoption of this chapter, an STRP is being
operated by a tenant, the tenant may continue to do so without an
STR permit for the duration of the lease or until January 1, 2025,
whichever occurs sooner. During the unpermitted operation of an STR
pursuant to this subsection, the responsible party must, upon the
request of the East Orange Short-Term Rental Subdivision, provide
documentation indicating that: 1) the STR was in operation before
the adoption of this chapter; and 2) that the tenant-operator's
lease was not renewed after the adoption of this chapter. If the requested
documentation is not provided to the East Orange Short-Term Rental
Subdivision within 20 days of the request, it shall constitute a violation
of this chapter.
A.
In addition to any land use requirements(s) set forth in the City
of East Orange's land use regulations., the owner/operator of
an STRP shall obtain an STR permit from the East Orange Short-Term
Rental Subdivision before renting or advertising for rent any STR.
The application for an STR permit must meet the following initial
requirements to be considered:
(1)
For an existing STR, the applicant must not have had more than one
documented unsafe structure notice within the last year.
(2)
For an existing STR, the applicant must have no violations of the City of East Orange's Noise Pollution Ordinance, located Chapter 184 of this Code, within the last two years. A violation of the Noise Pollution Ordinance shall mean a documented violation of the City of East Orange Municipal Court.
(3)
In the event that any code violations have been issued by the City
of East Orange relating to the STRP, an STR permit shall not be issued
until such time as such violations have been properly abated. The
STRP owner must also close any open construction permits for the property
prior to the issuance of an STR permit.
(4)
The applicant must be current with all City taxes, water, and sewage
charges.
(5)
Any property which receives a payment in lieu of taxes ("PILOT")
or short-term tax abatement shall be ineligible for an STRP.
(6)
All fines or penalties issued by the East Orange Municipal Court
for any past code violations relating to the STRP, including penalties
for failure to appear in such Court, must be satisfied in full prior
to the issuance of an STRP.
B.
No person or entity shall operate an STRP, or advertise a residential
property for use as an STRP, without the owner/operator of the property
first having obtained an STR permit issued by the East Orange Short-Term
Rental Subdivision. The failure to obtain a valid STR permit prior
to using or advertising the STRP in any print, digital, internet advertising
or web-based platform, and/or in the multiple listing service (hereinafter
"MLS") or any realtor's property listing shall be a violation
of this chapter. No STR permit issued under this section may be transferred
or assigned, or used by any person or entity, other than the owner
to whom it is issued, or at any property location or dwelling unit
other than the property for which it is issued.
C.
An owner of property, intended to serve as an STRP, or any agent
acting on behalf of the owner, shall submit to the East Orange Short-Term
Rental Subdivision an STR permit application provided by the City,
along with the initial registration fee of $750. Said fee shall be
nonrefundable, including in the event that the application is denied.
D.
If granted, the STR permit shall be valid for a period of one year
from the date of issuance.
E.
An STR permit shall be renewed on an annual basis, based upon the
anniversary of the original permit issuance, by submitting to the
East Orange Short-Term Rental Subdivision an STR permit application
and a renewal registration fee of $750. Said fee shall be nonrefundable,
including in the event that the application is denied.
F.
The STR permit shall expire automatically when the STRP changes ownership,
and a new initial application and registration fee will be required
in the event that the new owner intends to use the property as an
STRP. A new application shall also be required for any STR that had
its STR permit revoked or suspended.
A.
Applicants for an STR permit shall submit, on an annual basis, an application for an STR permit to the East Orange Short-Term Rental Subdivision. The application shall be furnished, under oath, on a form specified by the East Orange Short-Term Rental Subdivision, accompanied by the nonrefundable application fee as set forth in § 228-3 of this chapter. Such application shall include:
(1)
The name, address, telephone number and email address of the owner(s)
and, if applicable, designated person of record of the dwelling unit
for which a permit is sought. If such owner is not a natural person,
the application must include and identify the names of all partners,
officers and/or directors of any such entity, and the personal contact
information, including street address, email address and telephone
number of each of them.
(2)
The address of the proposed STR.
(3)
A copy of the driver's license or state identification card
of the owner and, if applicable, designated person of the STRP, confirming,
as set forth in this section, that the property is the principal residence
of the owner making the application for the STR permit.
(4)
The owner's sworn acknowledgement that he/she/it is in compliance
with the requirement that the STRP constitutes the owner's principal
residence, or, if applicable, that of the designated person.
(5)
The name, address, telephone number and email address of the short-term
rental property agent, which shall constitute his/her/its seven-day-a-week,
twenty-four-hour-a-day contact information.
(6)
Copies of two utility bills from the STRP that are less than 30 days
old.
(7)
The owner's sworn acknowledgement that he/she/it has received
a copy of this chapter, has reviewed it, understands its requirements,
and certifies as to the accuracy of all information provided in the
STR permit application.
(8)
The number of locations of all parking spaces available on the premises,
which shall include the number of legal off-street parking spaces
and on-street parking spaces directly adjacent to the premises. The
owner shall certify that every effort will be made to avoid and/or
mitigate issues with on-street parking in the neighborhood in which
the STR is located, resulting from excessive vehicles generated by
the STR of the property, in order to avoid a shortage of parking for
residents in the surrounding neighborhood.
(9)
The owner's agreement that all renters of the STRP shall be
limited to one vehicle per two occupants in the STRP.
(10)
The owner's agreement to use his/her/its best efforts to
assure that the use of the STRP by all transient occupants will not
disrupt the neighborhood and will not interfere with the right of
neighboring property owners to the quiet enjoyment of their properties.
(11)
If an owner is applying for an STR permit for a property that
is not owner-occupied, the owner must provide documentary evidence
that the non-owner-occupied property was in use as an STRP at the
time of the adoption of this chapter.
(12)
Any other documentation that any other chapter of the East Orange
Municipal Code requires a property owner to provide to the City in
connection with an application for a full certificate of conformity
and full certificate of habitability. Any applications containing
a conditional certificate of conformity or temporary certificate of
habitability shall automatically be rejected. The Director of the
East Orange Short-Term Rental Subdivision, or his/her designee, shall
have the authority to obtain additional information from the STRP
owner/applicant or amend the permit application to require additional
information, as necessary, to achieve the objectives of this chapter.
B.
Every initial application for an STR permit shall require documentation
indicating that the property has been inspected for compliance with
the City's fire safety regulations and Property Maintenance Code
within the past six months and have passed such inspections. Thereafter,
upon renewal, the applicant must present documentation that the property
has been inspected for compliance with the City's fire safety
regulations and Property Maintenance Code within the past three years
and has passed such inspections. Each application is subject to review
to verify the STRP's eligibility for use as an STR and compliance
with the regulations in this chapter. In addition, the City reserves
the right to inspect an STRP for compliance with the fire safety regulations
and the property Maintenance Code, regardless of the status of the
STRP's permit application, if the City receives information that
there may be a violation on the premises.
C.
A zoning compliance certificate which states that the premises are
not being occupied or used in violation of the City's land use
regulations and zoning ordinances shall also be required.
D.
A sworn statement shall be required that there has been no prior
revocation or suspension of this or a similar license, in which event
a license shall not be issued, which denial may be appealed as provided
hereinafter.
E.
Attached to and concurrent with submission of the permit application,
the owner shall provide:
(1)
Proof of the owner's current ownership of the STR unit.
(2)
Proof of general liability insurance in a minimum amount of $500,000
for each claim and $500,000 aggregate for each policy period.
(3)
Written certifications from the short-term rental property agent
and responsible party that they agree to perform all of the respective
duties specified in this chapter.
F.
The STRP owner/permit holder shall publish the STR permit number
issued by the East Orange Short-Term Rental Subdivision in every print,
digital and internet advertisement and in the MLS or other real estate
listing of a real estate agent licensed by the New Jersey Real Estate
Commission in which the STRP is advertised for rent on a short-term
basis.
G.
The STRP owner or agent shall maintain an up-to-date log of all transient
occupants who will be occupying the STRP, which shall contain the
occupant's or occupants' names, ages, dates of commencement
and expiration of each STR period. This log shall be available for
inspection by the East Orange Short-Term Rental Subdivision in case
of emergency. The purpose of this requirement is to ensure that the
City has basic identifying information of all occupants of the STRP
at all times.
H.
In no event shall an STRP be rented to anyone younger than 21 years
of age. The primary occupant of all STRs executing the agreement between
the owner and the occupant must be over the age of 21 and must be
the party who will actually occupy the property during the term of
the STR. The primary occupant may have guests under the agent of 21
who will share and occupy the property with them. Both the primary
occupant executing the STR agreement and the STRP owner shall be responsible
for compliance with this provision, and shall both be liable for a
violation, where the STRP is not occupied by at least one adult over
the age of 21 during the term of the STR. No one under 18 years of
age shall be permitted on the premises of an STRP unless they are
accompanied by their legal guardian.
I.
The STRP owner or agent shall register with the Director of the East
Orange Short-Term Rental Subdivision each STR within 48 hours after
each rental. The registration shall include the duration of the STR.
A.
Once an application is submitted, complete with all required information
and documentation and fees, the East Orange Short-Term Rental Subdivision,
following any necessary investigations for compliance with this chapter,
shall either issue the STR permit or issue a written denial of the
permit application, with the reasons for such denial being stated
therein, within 30 days. During any necessary investigations performed
by the East Orange Short-Term Rental Subdivision, the owner or the
owner's STR agent must provide access to the STRP to the City's
representatives. A failure to provide such access may result in the
STR permit application being denied.
B.
If denied, the applicant shall have 10 business days to appeal the
denial, in writing, to the East Orange City Administrator.
C.
Within 30 days thereafter, the East Orange City Administrator, or
his/her designee, shall hear and decide the appeal. The decision shall
be in writing and shall be final.
A.
All STRs must comply with all applicable rules, regulations and ordinances
of the City of East Orange and all applicable rules, regulations,
and laws of the State of New Jersey, including regulations governing
such lodging uses, as applicable. The STRP owner shall ensure that
the STR is used in a manner that complies with all applicable laws,
rules and regulations pertaining to the use and occupancy of an STR.
B.
A dwelling unit shall be limited to three STR contracts at a time.
C.
The owner of an STRP shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage, identifying the
property for rent as an STRP.
D.
Transient occupants of the STRP shall comply with all ordinances
of the City of East Orange, including, but not limited to, those ordinances
regulating noise and nuisance conduct. Failure of transient occupants
to comply shall subject the transient occupants, the owner of the
STRP, the responsible party, and the STR agent listed in the STR permit
application to the issuance of fines and/or penalties, and the possibility
of the revocation or suspension of the STRP.
E.
The owner of an STRP shall post the following information in a prominent
location within the STR:
(1)
Owner name; if the owner is an entity, the name, email address and
phone number of a principal in the entity.
(2)
The names, email addresses, and phone numbers for the responsible
party and the short-term rental agent.
(3)
The phone numbers for the East Orange Department of Public Safety,
East Orange Officer of Emergency Management and East Orange Short-Term
Rental Subdivision.
(4)
The maximum number of parking spaces available for STR use on-site.
(5)
Trash and recycling pickup day, and all applicable rules and regulations
regarding trash disposal and recycling.
(6)
Notification that a guest, transient occupant, the short-term rental
property agent, the responsible party or STRP owner may be cited or
fined by the East Orange Department of Public Safety, East Orange
Short-Term Rental Subdivision, or East Orange Code Enforcement for
violations of the East Orange Municipal Code.
F.
If any of the information required by Subsection E above is inaccurate while displayed in the STR, it shall constitute a violation of this chapter.
G.
In the event that any complaints are received by the East Orange
Department of Public Safety, East Orange Code Enforcement, or East
Orange Short-Term Rental Subdivision regarding the STR and/or the
transient occupants and the owner of the STRP is unreachable or unresponsive,
both the responsible party and the short-term rental agent listed
in the STR permit application shall have the responsibility to take
any action required to properly resolve such complaints and shall,
by default, be authorized by the STRP owner to do so.
H.
While an STRP is rented, the owner, the short-term rental agent,
or the responsible party shall be available 24 hours per day, seven
days per week, for the purposes of responding within two hours to
complaints regarding the condition of the STRP premises, maintenance
of the STRP premises, operation of the STRP, or conduct of the guests
at the STRP, or nuisance complaints from the East Orange Department
of Public Safety or neighbors arising by virtue of the STR of the
property.
I.
If the STRP is the subject of three or more substantiated complaints,
the Director of the East Orange Short-Term Rental Subdivision, or
his/her designee, shall revoke the STR permit issued for the STRP,
in which case, the STRP may not be the subject of a new STR permit
application for one year following the date of revocation of the permit.
The Director of the East Orange Short-Term Rental Subdivision, or
his/her designee, or the City Administrator, or his/her designee,
shall retain the discretion to revoke an STR permit in the event of
a single substantiated complaint, if, in their sole discretion, the
interests of the City and its residents justify immediate revocation.
In the event that an STRP is the subject of a civil and/or criminal
complaint and/or code violation that involves an unsafe structure,
the Director of the East Orange Short-Term Rental Subdivision, or
his/her designee, or the City Administrator, or his/her designee,
may, at their sole discretion, suspend the STRP's STR permit
pending a civil judgment or criminal conviction.
J.
To the extent that the City receives two substantiated complaints
concerning excessive vehicles belonging to the transient occupants
of an STRP, the STR permit for the property is subject to revocation
by the Director of the East Orange Short-Term Rental Subdivision,
or his/her designee, or the City Administrator, or his/her designee.
(1)
When the City Administrator and/or the East Orange Short-Term Rental
Subdivision receives notice of a civil and/or criminal complaint and/or
code violation at an STRP, the Director of the East Orange Short-Term
Rental Subdivision, or his/her designee, or the City Administrator,
or his/her designee, shall issue a written notice of revocation or
suspension, as applicable, of the STR permit with the reasons for
such revocation or suspension being stated therein within 30 days
of receiving such notice.
(2)
The applicant shall have 10 business days to appeal the revocation
or suspension, in writing, to the Mayor or his/her disagree. Within
30 days thereafter, the Mayor, or his/her designee, shall hear and
decide the appeal. The decision shall be in writing and shall be final.
K.
Failure to make an application for, and to obtain the issuance of,
an STR permit prior to advertising the STRP in print publications
or newspapers, on any internet-based booking platforms, or online,
and/or in the MLS or other real estate listing of a real estate agent
licensed by the New Jersey Real Estate Commission, shall be equivalent
to the operation of the STRP without an STR permit, and shall constitute
a violation of this chapter, and will result in enforcement action
and the issuance of a summons, and shall subject the STRP owner, the
short-term rental agent, and the responsible party to the issuance
of fines and/or penalties.
A.
Any violation of any provision of this chapter may subject the STRP
owner, transient occupants, the short-term property rental agent,
and the responsible party or their agents to fines assessed by the
East Orange Municipal Court up to $2,000 per violation, but not less
than $100 per violation per day that the violations exist.
B.
The STRP owner, transient occupants, short-term property rental agent,
and the responsible party or their agents shall have 30 days to cure
the violation prior to being scheduled to appear before the East Orange
Municipal Court. Within the thirty-day period, at the STRP owner's,
transient occupant's, short-term property rental agent's,
or the responsible party's or their agents' written request,
they shall be afforded a hearing before the East Orange Municipal
Court for an independent determination concerning the violation. Following
the hearing, the East Orange Municipal Court shall:
C.
After the expiration of the thirty-day compliance period contained
above, the maximum fine allowable for the violations shall be imposed
if all violations have not been abated.
