[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach 8-16-2023 by Ord. No. 2023-3[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 365, Art. II, Summer Rentals, adopted by Ord. No. 1998-15.
A. 
Registration required. No person(s), corporation or business entity shall offer any residential property for rent, or shall rent, lease or let any residential property to any person or persons, without first obtaining a landlord registration certificate.
B. 
Required information. The applicant shall provide all information required on the rental property registration statement promulgated by the Borough under this article.
C. 
Fee. The annual registration fee shall be $100 for rental properties consisting of four or fewer units, and shall be $20 per unit for rental properties consisting of five or more units. Notwithstanding the above, all landlords/property owners must apply for, obtain and pay the usual fee for any certificate of occupancy which is required by any statute, regulation or ordinance for any affected premises, as well as the usual fee for the business insurance registration required by Chapter 147 of this Code.
D. 
Revocation of landlord registration. In the event of any violation(s) of this article or any other ordinance, statute or regulation concerning rental property within the Borough, the Borough's governing body may revoke any landlord registration certificate upon at least 10 days' prior notice of the grounds for revocation is served upon the landlord/property owner, and a reasonable opportunity to be heard thereon is provided.
E. 
Upon the transfer of ownership of any occupied rental property, the new owner shall have 14 days to apply for a landlord registration certificate.
F. 
Upon the transfer of ownership of any vacant rental property, the new owner shall apply for a landlord registration certificate prior to any new rental or occupancy thereof.
A. 
The owner of every rental property within the Borough shall file a rental property registration statement with the Borough Clerk, the form of which is on file with the Borough Clerk. The Borough Clerk shall provide a copy of same to the Code Enforcement Officer. When providing a copy of same to any other person or entity requesting same, the Borough shall redact the names, addresses, and ages of tenants.
B. 
The rental property registration statement shall be filed on an annual basis on or before March 1 of each year.
C. 
The rental property registration statement shall include:
(1) 
The names and addresses of record owners of the rental property, including all general partners in the case of partnership and all members in the case of a limited liability company and all shareholders in the case of a corporation;
(2) 
The name and address of a person who resides in Monmouth County and who is authorized to accept notices from a tenant or a municipality, to issue receipts for these notices, and to accept the services of process on behalf of the record owner;
(3) 
The name and address of the managing agent and, if applicable, the name, address and telephone number of the superintendent, janitor, custodian or other person employed to provide regular maintenance services, and the name, address and telephone of an individual representative of the record owner of managing agent who may be reached or contacted at any time in the event of an emergency affecting the dwelling or any dwelling unit, including such emergencies as the failure of any essential service or system, and who has authority to make emergency decisions concurring the building or unit, including the making of repairs;
(4) 
The name and age of each and every adult tenant in each unit, as well as the number and age(s) of any children shall be provided. The information contained in the rental property registration statement must be sent forth information for each unit within the rental property and must include all tenants in each unit.
(5) 
As to each unit, the owner shall provide a floor plan of each rental unit which shall depict the number, dimensions and location of each room in the unit identifying each room, including both its designed and actual use. The floor plan shall comply with Chapter 328: "Overcrowding of Dwellings" in all respects. No space shall be used for sleeping purposes which has not been so designated as a sleeping area on the sketch provided by the owner and approved by the Code Enforcement Officer, which shall be on file with the Offices of Community Development;
(6) 
A certificate of insurance reflecting the following amounts of insurance in compliance with Chapter 147 of this Code as follows:
(a) 
Except as provided in Subsection C(6)(b) hereinbelow, the owner of a rental property or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence;
(b) 
The owner of a multifamily home which is four or fewer units, one of which is owner-occupied, shall maintain liability insurance for negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence; and
(7) 
Such other information as may be required by the Borough.
D. 
In the event any tenancy changes during the year, the landlord, owner or managing agent shall, prior to the change in tenancy, provide an updated rental property registration statement for every unit in which a change in tenant has occurred. This shall be in addition to the requirements for obtaining a certificate of occupancy for the change of tenancy. A change in tenancy shall mean the addition of any person not included in the annual rental property registration statement or the deletion of any person on the annual rental property registration statement.
This chapter shall not apply to public housing authorities, not-for-profit housing corporations, and rental property restricted to senior housing or housing for the developmentally disabled.
All rental properties and/or units shall be inspected by the Borough's Code Enforcement Officer for the purpose of determining Zoning Ordinance compliance and to determine if the rental property, unit or complex complies with all laws, including but not limited to the Property Maintenance Code, Uniform Construction Code, Health Code, Housing Code, and Fire Code.
A. 
No person shall occupy any rental property or unit, nor shall the owner permit occupancy of a rental property or unit, unless and until the property and/or unit(s) is/are registered in accordance with this article.
B. 
Only those persons whose names are on the rental property registration statement filed in accordance with this article may reside in the registered premises. It shall be unlawful and a violation of this article for any other person to reside in the rental premises. This provision may be enforced against the landlord and tenant and/or any other person residing in such rental premises.
C. 
The minimum duration of any rental within the Borough shall be 6 1/2 days or 156 hours.
D. 
No rental property or unit(s) shall be conducted or maintained in such a manner as to constitute a nuisance.
[Amended 3-3-2026 by Ord. No. 2026-12]
A. 
Sales of shares in rental properties prohibited. It shall be a violation of this Code for any tenant of a rental property within the Borough to sell, lease or otherwise accept payment in exchange for a share or other partial interest in their lease of a rental property, or for the right to occupy that rental property. The Landlord Registration Certificate of a rental property in which shares have been purchased or sold shall be subject to revocation for up to one year upon conviction in Municipal Court for a violation of this Section.
B. 
Commencement of summer rental where premises are occupied by school-aged children. No dwelling unit that is rented for any portion of the period from September 15 until May 15 to tenants with one or more children between the ages of six and seventeen, inclusive, shall thereafter be re-occupied as a rental until the third day following the last day of the academic year for the Bradley Beach Elementary School as determined by the Superintendent of the Bradley Beach School District.
[Added 9-27-2023 by Ord. No. 2023-14; 3-3-2026 by Ord. No. 2026-12]
A. 
Unlawful acts. It shall be a violation of this article for any owner, landlord, managing agent, or other responsible person to:
(1) 
Fail to file an initial rental property registration statement as required by § 365-2;
(2) 
Fail to file the annual rental property registration statement by March 1 as required by § 365-2B;
(3) 
Fail to timely file an updated registration statement prior to a change in tenancy as required by § 365-2D;
(4) 
Fail to provide any item required by § 365-2C, including but not limited to required insurance documentation and required floor plans;
(5) 
Permit occupancy of any rental property or unit that is not registered pursuant to § 365-5A; or
(6) 
Permit occupancy by persons not listed on the approved registration statement in violation of § 365-5B.
B. 
Penalties; minimum fines. Any person who violates any provision of this article shall, upon conviction, be subject to the general penalties set forth in Chapter 1, Article III of this Code; provided, however, that the following minimum fines shall apply:
(1) 
For a first offense, a fine of not less than $250;
(2) 
For a second offense within a twelve-month period, a fine of not less than $500; and
(3) 
For a third or subsequent offense within a twelve-month period, a fine of not less than $1,000.
C. 
Continuing violations. Each day that a violation exists after written notice by the Borough shall constitute a separate offense.
D. 
Nonexclusive remedies. The imposition of penalties shall not relieve any person of the obligation to comply with this article, and the Borough may pursue any lawful remedy, including injunctive relief.
[Added 2-4-2025 by Ord. No. 2025-6]
[Amended 3-3-2026 by Ord. No. 2026-12]
A. 
It is the purpose of this Article to implement the provisions of N.J.S.A. 40:48F-1 et seq., as amended by P.L. 2018, c. 49, which authorizes the Borough to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 3% on charges of rent for every occupancy of a room or rooms in a hotel or transient accommodation, subject to taxation pursuant to Subsection (d) of N.J.S.A. 54:32B-3, which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room or transient accommodation.
B. 
The definitions of "transient accommodation", "transient space marketplace", "obtained through a transient space marketplace" and "professionally managed unit" in N.J.S.A. 54:32B-2(ggg) through (jjj) are incorporated herein by reference.
C. 
Short-term rental. A "short-term rental" shall mean the rental of a dwelling unit, or any portion thereof, for a period of fewer than 30 consecutive days, provided that no rental shall be for a duration less than the minimum rental period otherwise permitted by Chapter 365 of the Code of the Borough of Bradley Beach. A short-term rental that constitutes a transient accommodation subject to taxation under New Jersey law shall be subject to the Municipal Occupancy Tax imposed by this article. Multiple rentals to different occupants within a calendar year shall not be aggregated to create a long-term tenancy for purposes of this article.
There is hereby established an occupancy tax which shall be fixed at a uniform percentage rate of 3.0% on charges of rent for every occupancy of a hotel or motel room or transient accommodation in the Borough that is subject to taxation pursuant to N.J.S.A. 54:32B-3d.
The municipal occupancy tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room or transient accommodation.
The municipal occupancy tax authorized herein shall not be imposed on the rent for an occupancy if the purchaser, user, or consumer is an entity exempt from the tax imposed on an occupancy under the Sales and Use Tax Act pursuant to N.J.S.A. 54:32B-9. Furthermore, a transient accommodation subject to this tax include those entities defined as "transient accommodations" in N.J.S.A. 54:32B-2 and shall not include those entities excluded from that definition.
[Amended 3-3-2026 by Ord. No. 2026-12]
In accordance with the requirements of N.J.S.A. 40:48F-2:
A. 
All taxes imposed by this article shall be paid by the purchaser.
B. 
A vendor shall not assume or absorb any tax imposed by this article.
C. 
A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax will be assumed or absorbed by the vendor, that the tax will not be separately charged and stated to the customer, or that the tax will be refunded to the customer.
D. 
Each assumption or absorption by a vendor of the tax shall be deemed a separate offense, and each representation or advertisement by a vendor for each day that the representation or advertisement continues shall be deemed a separate offense.
E. 
Violations; penalties; minimum fines.
(1) 
Any vendor, operator, transient space marketplace (to the extent it is the collecting or remitting party), or other person required to collect, report, remit, document, or maintain records relating to the municipal occupancy tax who fails to comply with any provision of this article, including but not limited to:
(a) 
Failure to collect the municipal occupancy tax;
(b) 
Failure to timely remit the municipal occupancy tax;
(c) 
Failure to submit the sworn annual statement and supporting documentation required by § 365-13C, where applicable;
(d) 
Failure to timely remit the flat-payment amount, where properly elected under § 365-13D;
(e) 
Failure to maintain or produce records as required by § 365-13E; or
(f) 
Any false, misleading, or materially incomplete filing, certification, or documentation submitted to the Borough; shall, upon conviction, be subject to the general penalties set forth in Chapter 1, Article III of this Code; provided, however, that the following minimum fines shall apply:
[1] 
First offense: not less than $500;
[2] 
Second offense within a twelve-month period: not less than $1,000; and
[3] 
Third or subsequent offense within a twelve-month period: not less than $2,000.
(2) 
Each day that a violation continues after written notice by the Borough shall constitute a separate offense pursuant to Chapter 1, Article III.
F. 
Payment obligation not excused. The imposition of penalties shall not relieve any person of the obligation to pay any tax due and owing, including any interest assessed pursuant to § 365-14, nor shall it limit the Borough's authority to issue estimated assessments pursuant to § 365-14.
G. 
Civil collection; audit; injunctive relief. In addition to prosecution in Municipal Court, the Borough may pursue any lawful remedy to enforce compliance and collect delinquent taxes, including but not limited to civil collection actions, audit and inspection of records, and injunctive relief.
[Amended 3-3-2026 by Ord. No. 2026-12]
A. 
The tax imposed by this article shall be collected on behalf of the Borough by the person collecting the rent from the hotel or motel or transient accommodation customer. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the tax from a customer as if the tax were a part of the rent and payable at the same time; provided that the Chief Financial Officer of the Borough shall be joined as a party in any action or proceeding brought to collect the tax.
B. 
Calendar-year reporting and remittance. The municipal occupancy tax shall be administered on a calendar-year basis. Each vendor or operator subject to this article shall report all rental revenues received and municipal occupancy tax collected for the preceding calendar year and shall remit any municipal occupancy tax due to the Borough on or before March 31 of the following calendar year. The obligation to report and remit the municipal occupancy tax shall remain with the vendor or operator, regardless of whether a transient space marketplace or other intermediary collects or remits any tax on the vendor's behalf, unless otherwise authorized by written agreement with the Borough.
C. 
Annual revenue documentation. On or before March 31 of each year, each vendor or operator shall submit to the Borough Chief Financial Officer a sworn annual statement, on a form prescribed by the Borough, certifying for the preceding calendar year:
(1) 
Total gross rental revenues received from occupancies subject to this article;
(2) 
Total municipal occupancy tax collected;
(3) 
Total municipal occupancy tax previously remitted, if any; and
(4) 
Any additional information reasonably required to verify compliance.
Such statement shall be accompanied by documentation sufficient to substantiate the amounts reported, including but not limited to rental ledgers, booking summaries, or year-end statements provided by transient space marketplaces.
D. 
Alternative flat-payment compliance option. In lieu of submitting the sworn annual statement and supporting documentation required by Subsection C, a vendor or operator may elect to satisfy the municipal occupancy tax obligation for the preceding calendar year by remitting a flat payment of $500 to the Borough on or before March 31 of the following calendar year. The flat-payment amount represents a reasonable estimate of municipal occupancy tax that may be due from short-term rental activity and is intended solely as an administrative compliance alternative. Election of the flat-payment option shall constitute full satisfaction of the vendor's municipal occupancy tax obligation for that calendar year only and shall not waive the Borough's authority to require full reporting and remittance in subsequent calendar years. The flat-payment option shall not be available to any vendor or operator who has received written notice of audit or enforcement action for the applicable calendar year prior to remittance.
E. 
Recordkeeping. Each vendor or operator subject to this article who does not elect the flat-payment option shall maintain books and records relating to occupancies, revenues, and taxes for a period of not less than four years and shall make such records available for inspection by the Borough upon reasonable notice.
[Added 3-3-2026 by Ord. No. 2026-12]
Any municipal occupancy tax not paid when due shall be deemed delinquent. The Borough may assess interest on delinquent amounts at a rate established by resolution, not to exceed the maximum rate permitted by law. If a vendor or operator fails to file a required report or remit payment when due, the Borough may estimate the tax due based upon available information, including but not limited to prior filings, comparable properties, or marketplace data, subject to the vendor's right to appeal. The Borough may pursue all lawful remedies for the collection of unpaid taxes.