[HISTORY: Adopted by the City Council of the City of Trenton 12-5-2019 by Ord. No. 19-72. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BOOKING AGENT
Any person or entity that facilitates reservations or collects payments for a short-term rental on behalf of or for an owner.
OWNER
Any person who, alone or jointly or severally with others, shall have:
A. 
Legal equitable title to any dwelling or dwelling unit, with or without accompanying actual possession thereof.
B. 
Charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.
PRIMARY RESIDENCE
The residential unit in which the owner resides for at least nine months out of a twelve-month period. Primary residence is determined by showing that as of the date of registration in the residential unit on the Short-Term Rental Registry, the owner has resided in the residential unit for nine of the last 12 months or that the owner intends to reside in the residential unit for nine of the next 12 months, as demonstrated by at least two of the following: utility bill, voter registration, motor vehicle registration, deed, lease, driver's license, or other state-issued identification.
REGISTRATION NUMBER
A unique identification number generated for a single residential unit registered as a short-term rental. Registration numbers shall be valid for the calendar year during which they are assigned (January 1 through December 31), and shall be associated with both a single residential unit and a single owner or set of owners.
RENTER
Any person or persons occupying a short-term rental other than the owner.
RESIDENTIAL UNIT
Any room, suite, or apartment, 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. A residential unit is a dwelling unit within a dwelling classified as a residential use, but excluding: a congregate living complex; elderly housing; a group residence; a homeless shelter; an orphanage; a temporary dwelling structure; and transitional housing. The term "residential unit" shall not include a hotel, motel, executive suite, or other nonresidential use.
SHORT-TERM RENTAL
Any unit rented, for a fee, as a residential property for fewer than 30 consecutive days. A short-term rental may or may not be facilitated through a booking agent.
A. 
In addition to the registration requirements of N.J.S.A. 46:8-28, all rental units and short-term rental units shall be registered annually, as provided herein.
B. 
No residential unit shall be offered as a short-term rental except in compliance with the provisions of this chapter.
A. 
The following residential units are not eligible to be offered as short-term rentals:
(1) 
Residential units designated as below market rate or income-restricted, that are subject to affordability covenants, or that are otherwise subject to housing or rental assistance under local, state, and/or federal law.
(2) 
Residential units subject to any requirement of local, state, and/or federal law that prohibits leasing or subleasing of the unit or use of the unit as a short-term rental.
(3) 
Residential units that are located within properties that have been declared to be, have, or otherwise contain a "nuisance," as defined under Chapters 132, Housing Standards, and/or 171, Nuisances, of the City Code.
(4) 
Residential units that are the subject of three or more findings of violations of this chapter within a six-month period, or three or more violations of any municipal ordinance or state law or code relating to excessive noise, improper disposal of trash, disorderly conduct, or other similar conduct within a six-month period.
(5) 
The residential unit offered as a short-term rental shall not be subject to any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, or stop-work orders, or other requirements, laws, or regulations that prohibit the owner from offering the residential unit as a short-term rental. If a violation or other order is issued after the residential unit has been listed as a short-term rental, registration shall be suspended until the violation has been cured or otherwise resolved.
A. 
Rooming houses: A residential unit currently defined as a "rooming house" under § 132-127 of the City Code, shall not be considered a short-term rental.
B. 
Residential units contracted for hospital stays: The use of a residential unit or portion thereof for which a contract exists between the owner of the unit and a health-care facility or government entity or nonprofit organization registered as a charitable organization with the State of New Jersey or classified by the Internal Revenue Service as a public charity or private foundation that provides for the temporary housing in such unit of individuals who are being treated for trauma, injury, or disease, or their family members, shall not be considered a short-term rental.
C. 
Residential units used for furnished institutional or business stays: The use of a residential unit for which a contract or an agreement exists between the building owner, a corporate housing operator, and an institution or business for the temporary housing of employees or individuals with such institutions or business, where the minimum stay is at least 10 days, shall not be considered a short-term rental.
A. 
An owner or owners who wishes to offer his, her, or their residential unit as a short-term rental shall register with the Department of Inspections to be listed on the Short-Term Rental Registry. A registration shall be valid for a one-year term, from January 1 through December 31 of each year or for such alternative twelve-month period as the Department may determine. There shall be no proration of license fees, regardless of when the license is obtained.
B. 
An owner shall provide information to be listed on the registry, including: owner's name, address of the residential unit, operator's relationship to the unit, and other information as required in § 228-6.
C. 
An owner who successfully registers a residential unit as a short-term rental shall be issued a registration number.
D. 
Upon submission, and on an ongoing basis as is necessary, registration information shall be compared to information managed and maintained by City departments in order to efficiently and effectively verify compliance with the provisions of this chapter.
E. 
The City shall make submissions to the Short-Term Rental Registry, or data contained within such submissions, available electronically within 30 days.
F. 
Nothing herein shall prohibit a booking agent from entering into an agreement with the City to provide registration services for short-term rental owners.
Every owner shall file with the Department of Inspections a registration form for each short-term rental, which shall include the following information:
A. 
The name and address of the record owner or owners of the short-term rental and the record owner or owners of the rental business, if not the same persons. In the case of a partnership, the name and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, where such individual may be reached both during the day and evening hours.
B. 
If the record owner is a corporation or limited liability company, the name and address of the registered agent, together with a telephone number of the registered agent, and the name and address of the corporate officers of said corporation.
C. 
If the address of any record owner is not located in Trenton or in municipalities located on the border of Trenton, the name and address of a person who resides in Trenton and who is authorized to accept notices from a renter and to issue receipts therefor and to accept service of process on behalf of the record owner.
D. 
The name and address of the managing agent of the premises, if any.
E. 
The name and address, including the unit number, apartment or room number, of the superintendent, janitor, custodian or other individual employed by the owner or managing agent to provide regular maintenance service, if any.
F. 
The name, address and telephone number of an individual representative of the owner or agent of the owner, if domiciled in Trenton, who may be reached or contacted at any time in the event of an emergency affecting short-term rental therein, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith and shall, at all times, have access to a current list of renters that shall be made available to emergency personnel as required in the event of an emergency.
G. 
The name and address of every mortgagee of the premises.
H. 
If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
I. 
As to each short-term rental, a specification of the exact number of sleeping rooms contained in the short-term rental. In order to satisfy this requirement, an owner shall include a floor plan of each level of the short-term rental as part of the application and attached to the registration form when filed with the Department of Inspections.
J. 
The name and contact information of each renter of each unit. The owner of any short-term rental shall be responsible for maintaining a record of each renter for every tenancy of the short-term rental unit for a three-year period from the termination of each tenancy, which shall be provided to the City.
K. 
The submitted registration form shall include a copy of a valid property liability insurance policy providing coverage for each rental unit or short-term rental unit for which registration is sought. The property liability insurance policy shall be valid and in effect for the full term of the registration period.
L. 
Proof that the residential unit offered as a short-term rental complies with any applicable condominium documents, bylaws, or other governing documents, if such relevant provisions exist.
M. 
Such other information as may be prescribed by the City of Trenton.
A. 
A registration shall be tied to both the residential unit and the owner and will not automatically transfer upon the sale of the unit. New owners are responsible for ensuring that they re-register with the City to obtain a new registration number if they wish to continue to list the residential unit on the Short-Term Rental Registry.
B. 
If an owner offering a registered residential unit ceases to be a primary resident of the unit, the owner shall immediately notify the City.
A. 
The City of Trenton will collect a 1% municipal occupancy tax.
B. 
The City will charge a $300 registration fee and a $150 annual renewal fee.
C. 
The City may collect fines as detailed in the City Code or as decided by a court of competent jurisdiction.
A. 
All non-occupant-owned structures which are let or rented to another for the purpose of living therein shall be inspected once every five years to ensure compliance with the Housing Code as required by § 132-85 of the City
A. 
The owner shall include the registration number provided by the City on any listing offering the residential unit as a short-term rental and shall post a sign on the inside of the residential unit providing information on the location of all fire extinguishers in the unit, and, if applicable, the location of all fire extinguishers, fire exits, and/or pull fire alarms in the dwelling.
B. 
The booking agent shall permit an owner to include the registration number issued by the City on any listing offering the residential unit as a short-term rental.
C. 
The owner shall, within 30 days of approved registration, provide notice to abutters of a residential unit that the residential unit has been registered as a short-term rental. For the purposes of this section, an abutter shall be defined as any residential dwelling located within 300 feet of said residential unit.
A. 
A complaint alleging that a residential unit is in violation of any applicable law, code, or regulation may be filed with the City. The complaint must contain the residential unit's address, unit number, date and nature of alleged violation(s), and the name and contact information of the complainant.
B. 
Within 30 days after receipt of a complaint, the City designee shall investigate the complaint and shall determine whether there may be a violation. If the alleged violation is under the jurisdiction of another city, state, or federal agency, the designee shall refer the complaint to such agency for further action.
C. 
Upon finding of a potential violation, the designee shall serve notice of the violation upon the owner of the residential unit at issue, if such unit is listed on the Short-Term Rental Registry, and upon the owner or resident agent of record of the residential unit at issue, if such unit is not listed on the Short-Term Rental Registry. The designee shall keep records of all complaints received and determinations made.
D. 
In accordance with § 132-103 of the City Code, notices, complaints or orders issued by the designee pursuant to this chapter shall be served upon persons either personally or by registered mail, provided that if the identity or location of such person is unknown and cannot be ascertained by the designee in the exercise of reasonable diligence, and the officer shall make an affidavit to that effect, the service of the complaint or order upon such persons may be made by publishing it once each week for two successive weeks in a newspaper printed and published in the City. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of the complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
E. 
A person upon whom a notice of violation has been served may request a hearing from the City by filing a written petition requesting a hearing on the matter with the designee within 14 days after the day the notice of violation was served. Upon receipt of petition for a hearing, the designee shall notify the complainant of the place, date, and time of the hearing. The hearing shall occur no less than 14 days after the date of receipt of the petition. The time period in which violations must be remedied shall be stayed upon receipt of the petition until such time as the hearing is held and the designee has issued a decision.
F. 
Within seven days after the conclusion of the hearing, the designee shall sustain, modify, or withdraw the notice of violation and shall inform the person upon whom a notice of violation has been served, in writing, of the decision and the reasons therefor. If the notice of violation is sustained or modified, said violation shall be remedied within the time period allotted as issued or in the modification.
G. 
If a written petition for a hearing is not filed within 14 days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day's failure to comply with and/or remedy the notice of violation within the time allotted as issued or modified shall constitute a separate violation.
H. 
Any person aggrieved by a final decision by the City with respect to a notice of violation or any other order issued under this section may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State of New Jersey.
A. 
Offering an ineligible unit as a short-term rental: Any person who offers a unit as a short-term rental, or any booking agent who accepts a fee for booking a unit as a short-term rental, where such unit is not an eligible residential unit, shall be fined $300 per violation per day. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation. The Department of Inspections or other City designee may also seek an injunction from a court of competent jurisdiction prohibiting the offering of the unit as a short-term rental.
B. 
Failure to register: Any person who offers an eligible residential unit as a short-term rental without registering with the Department of Inspections, or any person who offers an eligible short-term rental while the unit's registration on the Short-Term Rental Registry is suspended, shall be fined $100 per violation per day. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
C. 
Failure to comply with notice of violation: Any person who fails to comply with any notice of violation or other order issued pursuant to this chapter by the City, the Department of Inspections, or another such designee for a violation of any provision of this section shall be fined $100 per violation per day. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
A. 
Enforcement by the City: The provisions of this chapter may be enforced by City officials, including the uniformed members of the Trenton Police Department.
B. 
Enforcement by the booking agent: The City may enter into agreements with Booking Agents for assistance in enforcing the provisions of this chapter, including but not limited to an agreement whereby the booking agent agrees to remove a listing from its platform for exceeding the maximum number of days a residential unit may be offered as a short-term rental, whereby the booking agent agrees to remove a listing from its platform that is deemed ineligible for use as a short-term rental under the provisions of this chapter, and whereby the booking agent agrees to prohibit a host from listing any listing without a valid registration number from the City.
C. 
Any booking agent that fails to enter into such agreements to actively prevent, remove, or de-list any ineligible listings shall be prohibited from conducting business in the City.
A. 
The City's designee may promulgate regulations to carry out the provisions of this chapter.
B. 
All renters must comply with all residential parking ordinances during their short-term rental stays. This includes, but is not limited to, all regulations set forth in Chapter 14, Traffic (especially § 14-2, Parking regulations), § 89-1, Parking of vehicles restricted, Chapter 184, Parking Lots, Chapter 188, Parking Meters, § 292-7, Parking in front yard prohibited; exception, and Chapter 315, Zoning and Land Development, of the Trenton City Code. Where necessary, any renters must display a proper visitor pass in their vehicle as described in § 14-2.15. Should violations occur, the City may collect fines as detailed in the City Code or as decided by a court of competent jurisdiction.
C. 
Per § 167-1 (Prohibited noises) of the City Code, it shall be unlawful for any short-term rental premises to make any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of the City, or any number thereof.
A. 
In an effort to evaluate the effectiveness of the registration requirements delineated herein, the Department of Inspections shall annually prepare a report detailing the activities of the Short-Term Rental Registry. The report shall be filed with the office of the City Clerk no later than June 30 of each calendar year, beginning June 30, 2020.
B. 
Annual reports shall be forwarded to the Mayor and shall docket the report and include the docket of the agenda of the next occurring meeting of the Trenton City Council.
C. 
The report shall indicate the impact of § 228-6 on the number of units removed from the long-term housing stock, the number of evictions caused by such conversions from long-term housing to short-term rentals, the increase in home prices and rents in the relevant categories of owner-occupied two- and three-family homes, the differential between annual short-term rental revenue and annual long-term rental revenue, and future projections of these impacts.
D. 
Reports shall, to the extent practicable, disaggregate information by neighborhood and by any other relevant categories.
A. 
The provisions of this chapter shall take effect on January 1, 2020.
B. 
Sunset period for existing units contracted for short-term rentals: Residential units with executed leases for short-term rentals as of the passage of this chapter and that are not on the Ineligible Units List defined by § 228-3 above may continue to operate until the completion of the lease term or until January 1, 2020, whichever date is first.