Borough of Clementon, NJ Article II Regulations

§ 220A-2 Regulations pertaining to short-term rentals.

A. It shall be unlawful for any owner of any property within the geographic bounds of the Borough of Clementon, Camden County, New Jersey, to rent, operate, or advertise a short-term rental in a manner that is contrary to the procedures and regulations established in this section or applicable state law.

B. Short-term rentals shall only be permitted to be conducted in the following classifications of property in the Borough of Clementon:

(1) Dwelling units located in a condominium association, homeowners' association, or cooperative association, where the association bylaws, master deed, or other relevant governing document permits short-term rentals and where the owner of the unit legally identifies an address within the association as his/her principal residence.

(2) Individually or collectively owner-occupied single-family residence.

(3) Two dwelling units within a two-family residential dwelling, where one unit is owner-occupied as that term is defined in this section.

(4) Two dwelling units in a multiple dwelling, provided that:

(a) The multiple dwelling is not located in a condominium association, homeowners' association, or cooperative association.

(b) The multiple dwelling contains four or fewer separate dwelling units.

(c) Another dwelling unit in the multiple dwelling is owner-occupied.

(5) No more than three rooms within a single-family residential dwelling unit operating as a bed-and-breakfast as defined in this section, and the remainder of the single-family dwelling unit is identified by the owner as his or her principal residence, as that term is defined in this section, except that no room shall be occupied by any more than two adults and their minor children at any time.

C. Short-term rentals shall not be permitted in a multiple dwelling in which rent is set by HUD, a state agency, or by an agreement with the owner/developer or governed mandate.

D. The following shall not be permitted to operate as short-term rentals pursuant to this section: hotel, motel, studio hotel, rooming house, dormitory, public or private club, convalescent home, rest home, home 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 home, halfway house, transitional housing facility, or other similar facility 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 short-term rental property 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 short-term rental property 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 short-term rental use must be the owner of the dwelling unit. A tenant of a property may not apply for a short-term rental permit, nor shall the property or any portion thereof be subleased by the tenant on a short-term basis or operated as a short-term rental by the tenant except as provided in Subsection H of this section. This short-term rental 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 enforcement action against the tenant, the short-term rental 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 short-term rentals, it may continue to operate one non-owner-occupied property as a short-term rental, provided that the following conditions are met:

(1) The short-term rental property is one of the classifications of property enumerated in § 220A-2B of this section, notwithstanding the owner-occupied requirements.

(2) An individual designated by the owner 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/her principal residence as that term is defined in this section. The designated individual must be available to be called upon and be always responsible during the period of a short-term rental, and 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.

(3) The non-owner-occupied property is following the remainder of this chapter.

I. If, at the time of the adoption of this chapter, a currently operating short-term rental that is not eligible for a short-term rental permit under this chapter has an existing contract with a transient occupant to use the short-term rental for some period before September 1, 2021, the requirements of this chapter shall not apply to the preexisting contract. During the unpermitted operation of a short-term rental pursuant to this subsection, the responsible party must submit to Clementon Code Enforcement documentation indicating that:

(1) The short-term rental was in operation before the adoption of this chapter.

(2) The short-term rental contract was made before the adoption of this chapter. If the requested documentation is not provided to Code Enforcement within 10 days of the request, it shall constitute a violation of this chapter.

J. If, at the time of the adoption of this chapter, a short-term rental property is being operated by a tenant, the tenant may continue to do so without a permit as prescribed by the chapter for the duration of the lease or until September 1, 2021, whichever occurs sooner. During the unpermitted operation of a short-term rental pursuant to this chapter, the responsible party must, upon request by the Borough of Clementon Code Enforcement Department, provide documentation indicating that:

(1) The short-term rental was in operation before the adoption of this chapter.

(2) The tenant-operator lease was not renewed after the adoption of this chapter. If the requested documentation is not provided to Code Enforcement within 10 days of the request it shall constitute a violation of this chapter.