Ordinance No. 16-19
Introduced: May 2, 2019
Public Hearing: May 16, 2019
An Ordinance Amending and Supplementing Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph to Prohibit the Short Term Rental of Residential Property
WHEREAS, the New Jersey Legislature has, pursuant to N.J.S.A. 40:52-l(d) and (n), specifically authorized municipalities, including the Township of Randolph (“Township”), 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” and the “rental of real property for a term of less than one hundred seventy-five (175) consecutive days for residential purposes by a person having a permanent place of residence elsewhere”; and
WHEREAS, in recent years, there has arisen a proliferation of internet and other media advertising often on websites dedicated to the rental of dwelling units for short term periods of less than thirty (30) days (“Short Term Rentals”); and
WHEREAS, it has been the Township’s experience that Short Term Rentals frequently result in public nuisance, noise complaints, sanitation issues, overcrowding and illegal parking, and essentially convert residential dwelling units into de-facto hotels, motels, boarding houses and other commercial enterprises, in violation of the Township’s Ordinances as well as state statutes; and
WHEREAS, the Township wishes to prohibit the short term rental of residential dwelling units, as well as the advertisement of Short Term Rentals by website businesses; and
WHEREAS, the Township of Randolph desires to amend and supplement Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph, to prohibit the short term rental of residential dwelling units for a period of less than thirty (30) days.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph is hereby amended and supplemented by the addition of the following:
ARTICLE IX. - SHORT TERM RENTAL PROPERTY PROHIBITION
Sec. 26-260. - Definitions
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Advertise or advertising means any form of solicitation, promotion, marketing and/or communication used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this Ordinance, 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 Ordinance.
Consideration means the receipt or acceptance of any legally recognized form of consideration including a promise or benefit, a quid-pro-quo, rent, fees, money, other forms of payment and/or things of value.
Dwelling unit means any single family detached dwelling, whether furnished or unfurnished, used and/or offered or made available for use, for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guests.
Occupant means any person or entity, association, limited liability company, corporation, or partnership, who, alone or jointly or severally with others, has actual possession of or possessory rights to, a dwelling unit or any portion thereof, for a period of thirty (30) days or more.
Owner means any person or entity, association, limited liability company, corporation, or partnership, who, alone or jointly or severally with others:
- shall have legal title to a dwelling unit, with or without accompanying actual possession thereof; or
- shall have charge, care or control of a dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Article and the rules and regulations adopted pursuant thereto, to the same extent as if they were the owner.
Person means an individual, entity, association, limited liability company, corporation, or partnership, and any person and/or entity acting on their behalf or in concert therewith.
Sec. 26-261. - Prohibited Uses
It shall be unlawful for an owner or occupant of a dwelling unit to receive or obtain consideration for the rental of any dwelling unit for a period of thirty (30) days or less.
This Article does not apply to lawfully established and operating hotels, motels, rooming houses, boarding houses, and bed and breakfast establishments. This Article does not apply to any use of single family dwellings protected by New Jersey State statutes including, but not limited to, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and children in group homes pursuant to NJSA 40:55D-66c.
Sec 26-262. - Permitted Uses
Nothing contained in this Article is intended to prohibit:
- the receipt of consideration for the lawful rental of a dwelling unit for a period of more than thirty (30) days.
- the occupancy of a dwelling unit for a period of thirty (30) days or less by a guest(s) of an owner or occupant where no consideration is exchanged.
Sec. 26-263. - Advertising Prohibited
It shall be unlawful to advertise, solicit or promote by any means the rental of dwelling units for a period of thirty (30) days or less in violation of the provisions of this Article.
Sec. 26-263. - Enforcement; Violations and Penalties
- The Police Department and Health Department of the Township are hereby authorized to enforce the provisions of this Article.
- Any person who violates or neglects to comply with any provision of this Article shall, upon conviction thereof, be punished in accordance with Section 1-7. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
- 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 injunctive relief in any Court of competent jurisdiction.
SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION FOUR. This Ordinance shall take effect as provided by law.
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
James B. Loveys, Mayor
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 16-19
Notice is hereby given that an Ordinance entitled “An Ordinance Amending and Supplementing Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph to Prohibit the Short Term Rental of Residential Property” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on May 2, 2019 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on May 16, 2019 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend and supplement Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph, to prohibit the short term rental of residential dwelling units for a period of less than thirty (30) days. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey