[HISTORY: Adopted by the Township Committee of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-17-2023 by Ord. No. 2023-3377]
The Township of Middletown does hereby find as follows:
A.
Pursuant to N.J.S.A. 40:52-1(d) and (n), municipalities are authorized
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 day to
175 days within the Township and in the vicinity.
C.
The Township has determined that short-term rentals frequently result
in a deterioration of the neighborhood character, public nuisance,
noise complaints, overcrowding and excessive unplanned parking demands
within the residential neighborhoods in the Township, and the effective
conversion of residential dwelling units into de facto hotels, motels,
or similar facilities, in violation of the Township Code, zoning ordinances,
and other state laws, rules and regulations.
D.
The Township therefore wishes to prohibit short-term rentals in order
to:
(1)
Ensure that residential neighborhoods are not impacted by the frequency
of turnover in short-term rentals and the potential for disruptive
behavior can thereby be minimized.
(2)
Minimize public safety risks, disruptions and the noise, trash and
parking impacts often associated with short-term rentals that will
result in additional work for the local police and other municipal
services.
(3)
Prohibit the unlawful creation of commercial enterprises in both
single-family and multifamily dwelling units in violation of Township
zoning ordinances and public nuisance ordinances.
As used in this article, the following terms shall have the
meanings indicated:
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 article, 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 article.
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, duplex, 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, matchmaking 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 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, sublease,
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 participate 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.
A.
Notwithstanding anything to the contrary contained in the Township
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 or portion
of a residential property as a short-term rental, as defined herein.
B.
Nothing in this article will prevent formation of an otherwise lawful
residential occupancy of a dwelling unit for a rental period of 175
days or more subject to applicable ordinances and regulations.
C.
Nothing in this article 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. 55:13A-1 et seq.
The lease or rental, for any purpose, of any amenity, feature,
accessory or appurtenance to or associated with a dwelling, including
but not limited to, swimming pools, attached or detached garages,
accessory structures, cooking facilities, and sports courts, is prohibited.
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.
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 article.
A.
Any violation of this article shall be subject to penalty or fine as set forth under § 1-4 of the Code of the Township of Middletown.
B.
The provisions of this article 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 Township or other persons designated by the Township, to issue
municipal civil infractions directing alleged violators of this article
and/or to appear in court or file civil complaints.
C.
A violation of this article 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.
D.
Any penalty or fine 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
attorneys' fees or other fees and costs, in the Township Municipal
Court or the Superior Court of New Jersey, or in such other court
or tribunal of competent jurisdiction, by either summary disposition
or by zoning or construction code municipal proceeding.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this article are, to the extent of such inconsistency,
hereby repealed. All portions of the article not modified herein remain
in full force and effect.
Should any section, clause, sentence, phrase or provision of
this article be declared unconstitutional or otherwise invalid by
a court of competent jurisdiction, such decision shall not affect
the remaining portions of this article.
This article shall take effect upon final passage, adoption
and publication in the manner prescribed by law.
