MONROE TOWNSHIP, MIDDLESEX COUNTY
ORDINANCE NO. O-10-2020-020
AN ORDINANCE OF THE TOWNSHIP OF MONROE, COUNTY OF MIDDLESEX,
STATE OF NEW JERSEY TO AMEND THE CODE OF THE TOWNSHIP OF
MONROE TO ADD A NEW CHAPTER 80
ENTITLED “PROHIBITION OF SHORT-TERM RENTALS”
NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township
of Monroe, County of Middlesex and State of New Jersey as follows:
SECTION 1. The Township Code of the Township of Monroe is hereby amended and
supplemented to establish new Chapter 80 entitled “Prohibition of Short-Term Rentals” which
shall read as follows:
Chapter 80
Prohibition of Short-Term Rentals
§ 80-1 Purpose and scope.
A. The Township of Monroe is authorized to regulate buildings used for sleeping, lodging
and occupancy for purposes including but not limited to boarding houses, rooming
houses, rental housing or other living units pursuant to N.J.S.A. 40:52-9(d) and (n). In
addition, N.J.S.A. 40:48-2.12a provides that the governing body of a municipality may
make, amend and repeal and enforce ordinances to regulate buildings and structures
and their use and occupation to and abate conditions therein harmful to the health and
safety of the occupants of said buildings and structures and the general public in the
municipality. This Chapter aims to preserve housing for long-term tenants and to
minimize the potential deleterious effects of short-term rental properties on other
properties in the surrounding residential neighborhoods in which they are located. The
increasingly widespread practice of renting or leasing various types of dwellings, or
segments thereof, located primarily in residential neighborhoods has been popularized
and facilitated by various websites that advertise and broker these rentals. Left
unaddressed, this practice has the potential to make it increasingly difficult for people
to locate permanent housing and h ave an adverse effect on the health, safety and quiet
enjoyment of the affected neighborhoods.
B. This Chapter does not apply to lawfully established and operating hotels, motels,
rooming houses, boardinghouses and bed-and-breakfast establishments/units.
§ 80-2 Definitions.
As used in this section, the following words shall mean:
“Advertise or Advertising” shall mean 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 for which are prohibited by this
Chapter.
“Bed and breakfast establishment” shall mean a lodging use where rooms within a single dwelling
unit are provided to transients by a resident operator for a fee by prearrangement on a daily or
short-term basis. A breakfast and/or light snacks may be served to those renting rooms in the bed
and breakfast.
“Bed and breakfast unit” shall mean a room within a bed and breakfast that is offered or provided
to a guest(s) by a bed and breakfast operator for a fee for fewer than thirty (30) consecutive nights.
“Consideration” shall mean 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” shall mean 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.
“Fee” shall mean remuneration or anything of economic value that is provided, promised, or
donated primarily in exchange for services rendered.
“Housekeeping Unit” shall mean 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” shall mean 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” shall mean any person who, alone or with others, has title or interest in any building,
property, dwelling unit, or portion thereof, with or without accompanying actual possession
thereof, and including any person who as agent, or executor, administrator, trustee, or guardian of
an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person
whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under
a lease agreement shall not be considered an owner.
“Person” shall mean any individual, firm, corporation, association, governmental entity, or
partnership and its agents or assigns.
“Property” shall mean a parcel of real property located within the boundaries of the Township of
Monroe, Middlesex County, New Jersey.
“Residential Property” shall mean 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.
§80-3 Short Term Rental of Dwelling Units and Residential Property Prohibited.
A. Notwithstanding anything to the contrary contained in the Township Code, it shall be
unlawful for an Owner, lessor, sub-lessor, 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 thirty (30)
consecutive days.
B. Nothing herein shall be deemed to prevent the otherwise lawful occupancy of a Dwelling
Unit or a Residential Property for a rental period of more than thirty (30) days.
C. The provisions of this Chapter shall not apply to hotels, motels, rooming houses,
boardinghouses and bed-and-breakfast establishments/units otherwise permitted under
other Chapters of the Township Code.
§ 80-4 Rentals of Amenities.
The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or
associated with a dwelling is prohibited.
§ 80-5 Permitted Uses.
The residential occupancy of an otherwise lawful and lawfully occupied Dwelling Unit for a period
of thirty (30) days or less by any occupant who is a member of the Housekeeping Unit of the
Owner, without consideration or a fee, is not prohibited by this Chapter.
§ 80-6 Advertising Prohibited.
It shall be unlawful to advertise, solicit or promote by any means, any action in violation of this
Chapter.
§ 80-7 Enforcement, Violations and Penalties.
A. The provisions of this Chapter may be enforced by the Construction Code Official, Fire
Official, Health Department or Code Enforcement Officer.
B. Every person convicted of a violation of a provision of this Chapter shall be subject to the
maximum fines and penalties established by N.J.S.A. 40:69A-29, and subsequent
amendments thereto.
C. Each and every day a violation of this Chapter persists shall constitute a separate violation.
D. To the extent the conduct prohibited under this article also violates other provisions of the
Township Code, those violations constitute separate offenses subject to additional fines
and penalties as prescribed.
SECTION 2. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions thereof.
SECTION 4. This Ordinance shall take effect upon adoption and publication according to law.
MIRIAM COHEN, Council President
RECORDED VOTE – INTRODUCTION –October 5, 2020
COUNCIL
MOTION
SECOND
AYE
NAY
ABSTAIN
Councilman Baskin
X
Councilman Dalina
X
Councilman Dipierro
X
X
Council V. President Schneider
X
X
Council President Cohen
X
Notice is hereby given that the foregoing Ordinance was introduced and passed on first reading at a
meeting of the Monroe Township Council held on October 5, 2020. Said Ordinance will again be read
and considered for final passage at the next scheduled meeting of the Monroe Township Council to be
held on November 4, 2020 at 6:30 p.m. via Zoom at https://us04web.zoom.us/j/106827708. At said time
and place all persons having an interest in the foregoing Ordinance will be granted an opportunity to
be heard concerning the same prior to consideration for final passage by the Council.
_______________________________
PATRICIA REID, Township Clerk
RECORDED VOTE – SECOND READING & FINAL ADOPTION– November 4, 2020
COUNCIL
MOTION
SECOND
AYE
NAY
ABSTAIN
Councilman Baskin
Councilman Dalina
Councilman Dipierro
Council V. President Schneider
Council President Cohen
MONROE TOWNSHIP, MIDDLESEX COUNTY
ORDINANCE NO. O-10-2020-020
AN ORDINANCE OF THE TOWNSHIP OF MONROE, COUNTY OF MIDDLESEX,
STATE OF NEW JERSEY TO AMEND THE CODE OF THE TOWNSHIP OF
MONROE TO ADD A NEW CHAPTER 80
ENTITLED “PROHIBITION OF SHORT-TERM RENTALS”
MAYORAL APPROVAL
By virtue of the Optional Municipal Charter Law of 1950 and Chapter 3, Section 19 of
the Code of the Township of Monroe, my approval of this Ordinance is effected by the affixing
of my signature hereto.
_______________________________________
GERALD W. TAMBURRO, Mayor
Date signed: ____________________________