[Adopted by the Common Council of the City of Linwood 9-12-2018 by Ord. No. 20-2018. Amendments noted where applicable.]
It shall be unlawful for an owner, lessor, sublessor, any other person(s) or entity(ies) with possessory or use rights in a dwelling unit, their principals, partners or shareholders, or their agents, employees, representatives and other persons or entities acting in concert, or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit, as defined herein, for a period of 30 days or less.
Nothing in this chapter will prevent the otherwise lawful occupancy of an entire dwelling unit for a rental period of more than 30 days. However, rental of a room or a portion of the premises for any term is not permitted.
As used in this chapter, the following terms shall have the meanings indicated:
- ADVERTISE or ADVERTISING
- 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 the provisions of this chapter, as same may be viewed through various media including, but not limited to, 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 chapter.
- 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.
- DWELLING UNIT
- 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, house, condominium, building, co-operative, converted space, or portions thereof, that is offered to use, made available for use, or is used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guests, for consideration, for a period of 30 days or less.
- HOUSEKEEPING UNIT
- 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 rights within a dwelling unit.
- Any person or entity, association, limited-liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sublease or license (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) that has charge, care, control or participates 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 and/or entity acting in concert or any combination thereof.
- RESIDENTIAL OCCUPANCY
- The use of a dwelling unit by one or more occupants.
The residential occupancy of an otherwise lawful occupied dwelling unit for a period of 30 days or less by a person who is a member of the housekeeping unit of the owner, without consideration, such as houseguests, is permitted.
It shall be unlawful to advertise, solicit or promote by any means or actions in violation of this chapter.
The provisions of this chapter shall be enforced by the Zoning Official, Building Code or Subcode official or by any other City official or employee so designated by the Mayor and/or Council.
A violation of this chapter 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.
Any person found to have violated any provision of this chapter, without regard to intent or knowledge, shall be liable for the maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding $1,000. Each day of such violation, after receiving written notice of same, shall be a new and separate violation of this chapter.
The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law.