CITY OF ORANGE TOWNSHIP

    PUBLIC NOTICE

Notice is hereby given that the following Ordinance was Introduced and passed on First Reading on Tuesday, October 6, 2026.  The Ordinance will be further considered on Second Reading and Final Passage at the Regular Meeting of the Orange City Council to be held at City Hall, 29 North Day Street, Orange, New Jersey on Wednesday, November 4 2026 at 7:00 P.M. at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning same.  Information regarding remote access to the meeting may be found on the City’s website at www.orangenj.gov. and Council’s website at www.orangetwpnjcc.org.   During the week prior to and up to and including the date of such meeting copies of the full ordinance will be available at no cost and during regular business hours at the Clerk’s office or on the Council’s website for the members of the general public who shall request the same.

44-2026

AMENDED

 

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 166, “RENT CONTROL; RENTAL PROPERTY REGISTRATION,” OF THE CODE OF THE CITY OF ORANGE TOWNSHIP TO REGULATE SHORT-TERM RENTALS (Sponsored by Councilmember Quantavia Hilbert)

 

WHEREAS, the City of Orange Township (“City”) recognizes that residential dwellings are an important component of the City’s neighborhoods and housing stock; and

 

WHEREAS, the City recognizes that short-term rental activity may provide economic opportunities for property owners while also creating potential impacts relating to occupancy, noise, parking, trash, property maintenance, fire safety, neighborhood character, and public safety; and

 

WHEREAS, the City Council seeks to establish reasonable and uniform standards for short-term rentals while preserving the City’s existing housing, property-maintenance, zoning, rental-registration, and public-safety requirements; and

 

WHEREAS, N.J.S.A. 40:48-2 authorizes municipalities to adopt ordinances not contrary to State or federal law for the good government, order and protection of persons and property and preservation of public health, safety and welfare; and N.J.S.A. 40:48-2.12a authorizes municipalities to regulate buildings and their use and occupancy to prevent conditions harmful to occupants and the general public; and

 

WHEREAS, the City Council finds that regulation of short-term rentals through registration, inspection, operating standards, responsible-party requirements, and enforcement procedures will promote the health, safety and welfare of City residents and visitors.

 

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Orange Township, County of Essex, State of New Jersey, as follows:

 

SECTION 1. Amendment to Chapter 166

Chapter 166 of the Code of the City of Orange Township, “Rent Control; Rental Property Registration,” is hereby amended and supplemented by adding a new Article III, Short-Term Rentals, to read as follows:

 

ARTICLE III

SHORT-TERM RENTALS

 

  • 166-41. Purpose and intent.

The purpose of this Article is to establish a municipal regulatory framework for short-term rentals in order to:

 

  1. Protect the health, safety and welfare of residents, occupants, guests and neighboring properties;

 

  1. Ensure that short-term rental properties comply with applicable zoning, construction, fire, property-maintenance, housing and other municipal requirements;

 

  1. Establish minimum standards concerning occupancy, parking, noise, trash, emergency contacts and property maintenance;

 

  1. Provide the City with accurate information concerning properties being used as short-term rentals;

 

  1. Establish a responsible person who can promptly respond to complaints or emergencies involving a short-term rental property; and

 

  1. Provide reasonable enforcement mechanisms for violations of this Article.

This Article shall be construed consistently with applicable federal and State law and shall not be interpreted to authorize any use prohibited by the City’s zoning ordinance or other applicable law.

 

  • 166-42. Definitions.

For purposes of this Article, the following terms shall have the meanings indicated:

 

CITY

The City of Orange Township.

 

DWELLING UNIT

A room or group of rooms used or intended to be used for living, sleeping, cooking and/or eating purposes and otherwise meeting the City’s applicable definition of a dwelling unit.

 

HOST

The owner or other person lawfully authorized to offer a dwelling unit for short-term rental.

 

OWNER

The fee owner of real property, whether an individual, corporation, partnership, trust, limited liability company or other legal entity.

 

OCCUPANT

A person who occupies or uses a short-term rental dwelling unit pursuant to a short-term rental agreement.

 

PLATFORM

An online or application-based service that advertises, lists, facilitates reservations for, or processes payments relating to short-term rentals.

 

PROPERTY MANAGER

The owner or another person designated by the owner who is responsible for responding to complaints, emergencies, code-enforcement matters and other matters concerning the short-term rental property.

 

SHORT-TERM RENTAL or STR

The rental of an entire dwelling unit, or a portion of a dwelling unit authorized under this Article, to a person or group of persons for compensation for a period of fewer than thirty (30) consecutive days.

 

A short-term rental shall not include:

  1. A tenancy or lease of thirty (30) or more consecutive days;
  2. A hotel, motel, licensed rooming house, boarding house, bed-and-breakfast establishment or other lodging establishment separately regulated by applicable law;
  3. A dwelling occupied by the owner or lawful permanent resident where no portion is rented for compensation for fewer than thirty (30) consecutive days; or
  4. Any other use expressly excluded from the definition of a transient accommodation under applicable New Jersey law.

SHORT-TERM RENTAL PERMIT

The annual permit issued by the City authorizing a specific property to operate as a short-term rental pursuant to this Article.

 

  • 166-43. Permit required.
  1. No person shall operate, advertise, offer, rent or otherwise make available a dwelling unit as a short-term rental within the City unless a valid short-term rental permit has first been issued for the property.

 

  1. A short-term rental permit shall be property-specific and shall identify the dwelling unit or premises authorized for short-term rental use.

 

  1. A permit shall not be transferable to another property or owner without approval by the City.

 

  1. Issuance of a short-term rental permit shall not constitute approval of any zoning, construction, occupancy or other use that is otherwise prohibited.

 

  1. The owner shall remain responsible for compliance with this Article regardless of whether a property manager, real estate broker or platform is used.

 

  • 166-44. Eligibility.

A short-term rental permit may be issued only if:

  1. The applicant demonstrates lawful ownership of the property;

 

  1. The proposed use is permitted under the City’s zoning and land-use regulations;
  2. The dwelling unit has all required certificates, approvals and permits;
  3. The property is in substantial compliance with applicable building, fire, housing, property-maintenance and zoning requirements;
  4. There are no outstanding municipal violations that materially affect the health or safety of occupants, unless the enforcing official determines that such violations do not prevent issuance;
  5. All required rental-property registrations under Chapter 166 have been completed;
  6. All applicable City fees have been paid; and
  7. The applicant provides the information and documentation required by § 166-45.
  • 166-45. Application.

An application for a short-term rental permit shall be submitted on forms prescribed by the City and shall include, at a minimum:

  1. The full legal name, mailing address, telephone number and email address of the owner;

 

  1. The property address and tax block and lot;

 

  1. The name and contact information of any business entity owning the property and the names and contact information of its responsible principals, members, partners or officers;

 

  1. The name, telephone number and email address of the property manager or responsible party;

 

  1. The number of bedrooms and bathrooms;

 

  1. The maximum number of occupants proposed for the property;

 

  1. The number and location of legal off-street parking spaces;

 

  1. A floor plan or other information reasonably necessary to determine compliance with applicable occupancy and safety requirements;

 

  1. Proof of liability insurance as required by this Article;

 

  1. A copy of the applicant’s New Jersey transient-accommodation registration, if registration is required by State law;

 

  1. Certification that the applicant will comply with all applicable State and municipal taxes and fees;

 

  1. Certification that the property is not subject to a private restriction, condominium restriction or other lawful restriction prohibiting short-term rentals; and

 

  1. Such other information reasonably necessary for the City to determine compliance with this Article.

 

The applicant shall certify under penalty of law that the information supplied is true and complete.

 

  • 166-46. Permit fee and renewal.

 

  1. The annual short-term rental permit fee shall be established by ordinance or resolution as authorized by applicable law.

 

  1. The permit shall expire one year after issuance unless earlier suspended or revoked.

 

  1. A renewal application shall be submitted before expiration of the existing permit.

 

  1. The City may establish a reduced renewal fee where an inspection is not required by the City.

 

  1. A permit that has expired shall not authorize continued short-term rental activity.

 

  • 166-47. Inspection.
  1. Prior to initial issuance of a permit, the City may inspect the premises to verify compliance with applicable zoning, construction, fire, housing and property-maintenance requirements.

 

  1. The City may conduct inspections upon renewal, following a documented complaint, following an alleged violation, or when reasonably necessary to determine compliance.

 

  1. Inspections shall be conducted in accordance with applicable State and federal law.

 

  1. No short-term rental shall operate if the City determines that conditions exist that materially endanger the health or safety of occupants or neighboring persons.

 

  • 166-48. Occupancy.
  1. The maximum occupancy of a short-term rental shall be the lesser of:
  1. The lawful occupancy permitted under the applicable building, fire, housing and zoning requirements; or

 

  1. Two (2) occupants per permitted bedroom, plus two (2) additional occupants.

 

  1. Children under two (2) years of age shall not be counted toward the occupancy limit.

 

  1. The owner shall post the maximum permitted occupancy conspicuously inside the short-term rental.

 

  1. No person shall advertise or represent a short-term rental as accommodating a number of persons greater than the lawful maximum.

 

  • 166-49. Minimum stay.

Unless otherwise authorized by the City’s zoning regulations, a short-term rental shall have a minimum rental period of two (2) consecutive nights.

 

A property may not be divided into multiple reservations for the purpose of evading the minimum-stay requirement.

 

  • 166-50. Responsible party.

 

  1. Every permitted short-term rental shall have a responsible party available twenty-four (24) hours per day, seven (7) days per week.

 

  1. The responsible party shall be capable of responding to a complaint, emergency or municipal contact concerning the property.

 

  1. The responsible party shall respond by telephone within thirty (30) minutes of a municipal or emergency contact and shall be capable of physically responding to the property within sixty (60) minutes when reasonably requested by the City or law-enforcement authorities.

 

  1. The owner shall immediately notify the City of any change in responsible-party information.
  • 166-51. Good-neighbor requirements.

The owner and occupants of a short-term rental shall comply with all applicable City ordinances.

Without limitation:

  1. The property shall not be used for disorderly conduct, unlawful activity or any activity that constitutes a nuisance;
  2. Occupants shall not create unreasonable noise or disturbances;

 

  1. Outdoor amplified sound shall comply with the City’s noise regulations;

 

  1. Occupants shall not obstruct streets, sidewalks, driveways, fire lanes or neighboring properties;

 

  1. Trash and recycling shall be stored and disposed of in accordance with City requirements;
  2. Exterior areas of the property shall be maintained in compliance with the City’s property-maintenance requirements; and

 

  1. The property shall not be used for a party, event, wedding, reception, concert or similar gathering exceeding the lawful occupancy of the dwelling.
  • 166-52. Parking.
  1. All short-term rental occupants shall comply with the City’s parking regulations.

 

  1. All vehicles associated with the short-term rental shall, to the maximum extent reasonably practicable, be parked in legal off-street parking spaces serving the premises.

 

  1. The owner shall provide prospective occupants with written parking instructions.

 

  1. No occupant shall park on sidewalks, lawns, landscaped areas, fire lanes, neighboring property, or any location where parking is otherwise prohibited.

 

  1. The permit application shall identify all legal off-street parking spaces serving the premises.

 

  • 166-53. Safety requirements.

 

Every permitted short-term rental shall comply with all applicable fire and life-safety requirements, including requirements relating to:

 

  1. Smoke alarms;

 

  1. Carbon-monoxide alarms;

 

  1. Fire extinguishers;

 

  1. Means of egress;

 

  1. Emergency lighting where required;

 

  1. Electrical and mechanical systems;

 

  1. Heating and ventilation;

 

  1. Swimming pools, spas and other recreational facilities, if applicable; and

 

  1. Any other requirement imposed by the New Jersey Uniform Construction Code, Uniform Fire Code, or applicable City ordinance.

 

  • 166-54. Posting requirements.

The owner shall post inside the short-term rental, in a conspicuous location, a notice containing:

  1. The short-term rental permit number;
  2. The maximum permitted occupancy;

 

  1. The name and telephone number of the responsible party;

 

  1. Emergency telephone numbers;

 

  1. Applicable parking restrictions;

 

  1. Trash and recycling requirements;

 

  1. Quiet-hour requirements;

 

  1. A statement that violations may result in fines, suspension or revocation of the permit; and
  2. Any other information required by the City.

 

  • 166-55. Advertising.
  1. Every advertisement or listing for a short-term rental shall contain the City’s current short-term rental permit number.

 

  1. An owner shall not advertise a property for short-term rental before issuance of the permit.

 

  1. Advertisements shall accurately state the permitted occupancy and shall not advertise amenities or uses prohibited by this Article or other applicable law.

 

  1. The City may request that an owner provide copies or screenshots of current short-term-rental listings for purposes of determining compliance.

 

  • 166-56. Prohibited short-term rentals.

 

No short-term rental permit shall be issued, and no short-term rental shall be operated:

 

  1. In a dwelling unit that is not legally authorized for residential occupancy;

 

  1. In a property subject to an outstanding order prohibiting occupancy;

 

  1. In violation of applicable zoning requirements;

 

  1. In a property where the use would violate a lawful condominium, cooperative or homeowners’ association restriction;

 

  1. In any unit where short-term rental use is prohibited by applicable State or federal law;

 

  1. In a property being used for unlawful activity; or
  2. In any manner that violates an applicable State, County or City health, safety, fire, building, housing or property-maintenance requirement.

 

  • 166-57. Rent-controlled and regulated housing.

 

  1. Nothing in this Article shall be construed to authorize the conversion of a dwelling unit subject to the City’s rent-control regulations into a short-term rental contrary to Chapter 166 or applicable law.

 

  1. A dwelling unit subject to rent control shall not be used as a short-term rental unless the owner establishes to the satisfaction of the City Attorney or appropriate City official that the proposed use is lawful under all applicable rent-control requirements.

 

  1. Nothing in this Article shall be construed to diminish the rights of tenants under applicable federal, State or local law.

 

  • 166-58. Taxes and State registration.

 

  1. Every owner shall comply with all applicable New Jersey registration, sales-tax, occupancy-fee, municipal-occupancy-tax and other tax requirements.

 

  1. Nothing in this Article shall be construed as imposing a tax that is not authorized by State law.

 

  1. Where the City adopts a municipal occupancy tax pursuant to applicable law, the collection, reporting and remittance of such tax shall be governed by the City’s applicable tax ordinance and State law.

 

  • 166-59. Complaints and enforcement.

 

  1. The City may investigate complaints concerning short-term rental properties.

 

  1. The owner, property manager and occupants shall cooperate with lawful municipal investigations.
  2. Violations of this Article may be enforced by the City’s Code Enforcement Division, Construction Official, Fire Official, Police Department, Health Department, or other authorized municipal official, as appropriate to the violation.

 

  1. Each violation may constitute a separate offense, subject to the penalty provisions established by this Chapter and applicable New Jersey law.

 

  1. Each day that a continuing violation remains uncorrected may constitute a separate violation where authorized by law.

 

  • 166-60. Suspension or revocation.

 

  1. The City may suspend or revoke a short-term rental permit for:

 

  1. Material misrepresentation or omission in an application;

 

  1. Operation without a valid permit;

 

  1. Repeated violations of this Article;

 

  1. Serious or repeated violations of City noise, nuisance, parking, property-maintenance, fire or occupancy requirements;

 

  1. Failure to maintain required insurance

 

  1. Failure to maintain a responsible party;

 

  1. Use of the premises for unlawful activity;

 

  1. Exceeding the lawful occupancy;

 

  1. Repeated documented complaints establishing a pattern of noncompliance; or

 

  1. Any other material violation of this Article or applicable law.

 

  1. Except where immediate action is necessary to protect health or safety, the City shall provide written notice of the alleged violation and a reasonable opportunity to cure before suspension or revocation.

 

  1. Where an immediate threat to health or safety exists, the City may take any action authorized by applicable law, including immediate suspension of the permit.

 

  • 166-61. Administrative hearing and appeal.
  1. Before a permit is revoked, except in an emergency situation, the permit holder shall receive written notice of the proposed action and the reasons therefor.
  2. The permit holder shall have at least ten (10) business days to request a hearing.
  3. The hearing shall be conducted by the official designated by the Mayor or Business Administrator, consistent with applicable law.
  4. A written decision shall be issued following the hearing.
  5. Nothing in this section shall limit any right of judicial review available under New Jersey law.

 

  • 166-62. Penalties.
  1. Any person who violates any provision of this Article shall be subject to the penalties provided in Chapter 166 and elsewhere in the Code, provided that such penalties are consistent with applicable New Jersey law.
  2. In addition, where authorized by law, the City may seek:
  1. Suspension or revocation of a short-term rental permit;
  2. Injunctive or other equitable relief;
  3. Recovery of lawful administrative costs;
  4. Enforcement through the Municipal Court; and
  5. Any other remedy authorized by law.
  1. Each unauthorized rental, occupancy or other violation may constitute a separate offense where permitted by law.
  • 166-63. Existing short-term rentals; transition.
  1. Any property being used as a short-term rental on the effective date of this Article shall have ninety (90) days from the effective date to submit an application for a short-term rental permit.
  2. During the ninety-day transition period, the owner shall comply with all applicable health, safety, zoning, occupancy, noise, nuisance, parking and property-maintenance requirements.
  3. Nothing in this section shall legalize a use that was unlawful before the effective date of this Article.
  4. After expiration of the transition period, no short-term rental may continue without a valid permit.
  • 166-64. No vested right.

Issuance of a short-term rental permit shall not create a vested property right to continue short-term rental activity if the property ceases to satisfy applicable zoning, building, fire, housing, health, safety or other legal requirements.

  • 166-65. Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Article is determined to be invalid or unconstitutional by a court of competent jurisdiction, that determination shall not affect the remaining provisions, which shall remain in full force and effect.

  • 166-66. Repealer.

All ordinances or parts of ordinances inconsistent with this Article are repealed to the extent of such inconsistency.

  • 166-67. Effective date.

This Ordinance shall take effect upon final passage, approval and publication as required by law.

SECTION 2. Codification.

The City Clerk is authorized to make such conforming changes to the Code of the City of Orange Township as are necessary to incorporate this Article into the Code.

SECTION 3. Interpretation.

Nothing in this Ordinance shall be construed to supersede or diminish any requirement imposed by federal law, State law, the New Jersey Uniform Construction Code, the New Jersey Uniform Fire Code, the City’s zoning regulations, the City’s property-maintenance regulations, Chapter 166, or any other applicable law or ordinance.

SECTION 4. Effective Date.

This Ordinance shall become effective in accordance with applicable law.

Trisha A. Scipio

Acting Municipal Clerk

 

A complete copy of this ordinance has been posted on the City (www.orangenj.gov) and Council website (http://orangetwpnjcc.org).