[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-27-1993 by Ord. No. 18-93]
As used in this article, the following terms
shall have the meanings indicated:
Any one of the following shall constitute an illegal unit:
A structure or portion of a structure for which
no certificate of occupancy has been issued.
A unit or structure which would exceed the number
of units permitted under the Zoning Ordinance[1] or any approvals granted by a land use agency of the Borough.
A unit or structure which fails to meet the
requirements of any regulation affecting the health, safety and welfare
of the general public.
A unit or structure which the owner has permitted
occupancy thereof without obtaining therefor required plumbing, electrical
and building permits.
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.
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.
Any person residing with the consent of the owner in a structure
or unit of housing space.
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.
A.
Any owner of a premises who rents a portion thereof
or an illegal unit therein to a tenant, where such tenant is thereafter
required to vacate such premises or unit because the same has been
declared to be illegal, shall reimburse the tenant of such premises
for all reasonable expenses incurred by the tenant, including moving
expenses in an amount not to exceed the sum of $2,500, plus any additional
expenses incurred by the tenant representing deposits for utility
services.
B.
The owner shall also be required to return to the
tenant the security deposit, together with interest thereon plus any
rental payment required to be apportioned upon notification by the
appropriate official having jurisdiction that the illegally occupied
unit or portion of a structure must be vacated.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The use of a dwelling unit by an occupant(s).
A residential occupancy for a period of less than 175 days.
A.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for a person or owner to receive or obtain
actual or anticipated consideration for using, authorizing, permitting,
or failing to discontinue the use of any dwelling unit as a short-term
rental, as defined herein.
B.
Nothing in this article will prevent formation of an otherwise lawful
residential occupancy of a dwelling unit for a rental period of 175
days or more.
C.
Nothing in this article shall be deemed to prohibit the lawful operation
of any hotel as that term is defined in the New Jersey Hotel and Multiple
Dwelling Law, N.J.S.A. 55:13-1 et seq.
[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.
A.
It shall be unlawful for any person to advertise by any means all
actions, or failures to act, that would be in violation of the provisions
of this article.
B.
It shall be unlawful for any hosting platform to undertake, maintain,
authorize, aid, facilitate or advertise any short-term rentals in
violation of this article.
A.
The provisions of this article shall be enforced by the Construction
Official, Zoning Official, Health Department, other Subcode or Code
Official, as their jurisdiction may arise, including legal counsel
for the Borough or other persons designated by the Borough Council,
to issue municipal civil infractions directing alleged violators of
this article and/or to appear in court or file civil complaints.
B.
A violation of this article is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
C.
Any person found to have violated any provision of this article,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this article.
D.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorneys'
fees or other fees and costs, in the Borough's Municipal Court or
the Superior Court of New Jersey in the vicinage of Bergen County,
or in such other court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
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.
