[HISTORY: Adopted by the Township Committee of the Township
of Manalapan 9-12-2018 by Ord.
No. 2018-10. Amendments noted where applicable.]
A.
Notwithstanding anything to the contrary contained in the Township
Code, it shall be unlawful for an Owner, lessor, sublessor, any other
person or entity with possessory right in a dwelling unit, their principals,
partners or shareholders, or their agents, employees, or representatives
to receive or obtain actual or anticipated consideration for advertising,
offering, and/or permitting, allowing, or suffering the use or occupancy
of any dwelling unit or of any residential property, as defined herein,
for a period of less than 175 consecutive days.
B.
Nothing in this chapter shall be deemed to prevent the otherwise
lawful occupancy of a dwelling unit or a residential property for
a rental period of more than 175 days.
As used in this chapter, the following terms shall have the
meanings indicated:
- ADVERTISE or ADVERTISING
- Any form of solicitation, promotion or communication for marketing, used to induce, directly or indirectly, any person into contracting for services for the purpose of establishing occupancies or uses of residential property which are prohibited by this chapter.
- CONSIDERATION
- Any legally recognized form of consideration including a promise or benefit, a quid pro quo, rent, fees, other form of payment, or any other thing of value.
- DWELLING UNIT
- Any room or group of rooms, whether furnished or unfurnished, intended, arranged or designed to be occupied for living, sleeping, cooking, gathering and/or entertaining by one or more persons.
- 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 decisions of the New Jersey courts.
- OCCUPANT
- 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 possessor right(s) within a dwelling unit.
- OWNER
- Any person or entity, who or which alone or jointly with others has legal or equitable title to premises, with or without accompanying actual possession, including an executor, administrator, trustee or guardian of an estate, mortgagee in possession, or a person under contract.
- PERSON
- An individual, firm, corporation, association, partnership, limited liability company, association or other legal entity and any person(s) and/or entity(ies) acting in concert or any combination thereof.
- RESIDENTIAL PROPERTY
- All or any portion of any lot, tract or parcel of land on which is located one or more dwelling units or which is zoned for residential uses.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 175 days or less by any occupant
who is a member of the housekeeping unit of the owner, without consideration,
is not prohibited by this chapter.
It shall be unlawful to advertise, solicit or promote by any
means, any action in violation of this chapter.
A.
The provisions of this chapter may be enforced by the Construction
Code Official, Fire Official, Health Department, or Code Enforcement
Officer.
