[Added 3-7-2022 by Ord.
No. 2022-2]
The Borough of Rockleigh 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 multi-family Dwelling Units in violation of Borough Zoning Ordinances
and public nuisance ordinances.
[Added 3-7-2022 by Ord.
No. 2022-2]
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 section, 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 section.
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, match-making 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, sub-lease
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 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(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.
[Added 3-7-2022 by Ord.
No. 2022-2]
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 section 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 section 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 3-7-2022 by Ord.
No. 2022-2]
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.
[Added 3-7-2022 by Ord.
No. 2022-2]
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 section.
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 section.
[Added 3-7-2022 by Ord.
No. 2022-2]
a.
The provisions of this section 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 section and/or to appear in court or file civil complaints.
b.
A violation of this section 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 section,
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 section.
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 attorney's
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.
