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Regulating Group and or Seasonal Rentals in Residential Neighborhoods   In our March 2004 newsletter, we discussed college rentals and group rentals. 

Since then, two New Jersey towns have introduced ordinances to further limit the ability to rent houses to “groups” in what would be considered a residential neighborhood. Additional limits will force the landlord to choose between summer rentals or winter rentals. In these  shore and college towns, cycle is from labor day to memorial day (winter season) and then the period in between as the summer season.

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DEFINING FAMILY

The ordinances also carefully attempt to define a “family” – but in terms of what a “traditional” family would bring to a neighborhood.  Various court cases have determined that the “traditional” family term may be in a violation of the Fair Housing laws. However, many states are using the BOCA requirements for habitable area – bedroom size. The rule of thumb – 70 square feet of space for one person, an additional 50 square feet for each additional person in the same room.

 INCREASED ABSENTEE LANDLORD OWNERSHIP

Local residents fear the increased ownership of property in several towns surrounding Monmouth University are being purchased by absentee landlords for use as student rentals for the Fall and Spring Semester and then either occupying them in the summer or renting them out for the summer.

The new ordinances do not limit a home that is occupied by the owner for a season from renting the home out in another season

 CONTROLLING GROUP RENTALS

There are a number of cases throughout the country that have attempted to control group rentals (college students, frat houses, religious homes and more). 

In New Jersey, this has become known as the Animal House Law, which towns have adopted with some variation. The goal – to limit rowdy behavior in seasonal rentals. In these laws, the landlord is held accountable for the actions of their tenants. 

Click here to see a 2000 version of such an ordinance. It has since been updated to hold the landlord liable after 2 complaints.

TARGETING RENTAL HOMES

Non-owner occupied homes are being “targeted” by local officials – watched for a violation to occur, thus triggering a court appearance for a landlord. It has been argued that this is selective prosecution as well as infringing of rights of both the tenant and the landlord. An increased police presence is essential across towns and these cases, the  targeted homes are more or less being staked out.

Local neighbors are also urged to call and report apparent violations.

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Following are selected snippets concerning the group rental problems and attempts to limit them in New Jersey.

February 23, 2000 
LONG BRANCH - An Ocean Township lawyer has filed a class action suit on behalf of several landlords, claiming that city officials have conducted a campaign of "selective enforcement" to prevent his clients from renting to Monmouth University students. "This is really a matter of public interest, big time," said Gary E. Fox, the attorney who filed the suit. "This isn't the only town the kids are living in."

February 14, 2004 
OCEAN TOWNSHIP - The loud, all-night mayhem and drunken revelry found in the movie "Animal House" pales in comparison to the disturbances caused by college students renting homes in the Oakhurst section, residents told the Township Council. The disturbances by the renters, many of whom are Monmouth University students living off-campus, and the dilapidated appearance of some rental homes are a problem, residents told the council at its meeting on Wednesday.

March 3, 2004 •• 
WEST LONG BRANCH - Monmouth University officials will review the school's codes of conduct for students after hearing nearby residents' complaints of unruly and threatening behavior by students who reside in off-campus rental housing. Mary Anne Nagy, the university's vice president of Student Services, said yesterday that after listening to area residents at a forum held Monday night at the school, the university will review the code

March 12, 2004 
Absentee landlords, university spoil quality of life The March 3 article regarding the behavior of Monmouth University's off-campus students, while factually accurate, failed to mention the reasons for the increase of this type of behavior, not only in Ocean Township but in West Long Branch, Long Branch, Deal and Loch Arbour. Monmouth University and the out-of-state absentee landlords are the two main causes for the increase in criminal activity

April 1, 2004  
THE West Long Branch Borough Council is taking steps to preclude problems of unruly behavior resulting from group rentals. "We haven't had any major problems yet, but we don't want any, either," said Mayor Paul Zambrano at the council meeting March 18, adding a council committee is working with Borough Attorney Gregory Baxter to draft a group-rental ordinance.

May 20, 2004 
The Long Branch City Council is moving to tighten controls over landlords who rent homes to groups. City Attorney James Aaron advised the council at its May 11 workshop meeting that he is drafting a group-rental ordinance, which should be ready for members to review at the next workshop meeting May 25.

May 30, 2004 
LONG BRANCH - The City Council plans to act in June on an ordinance that would regulate seasonal rentals in single-family homes, a measure designed to combat unruly tenants and the landlords who rent to them. Mayor Adam Schneider said "absolutely, it is going ahead" on an ordinance that would allow property owners who rents their homes only one certificate of occupancy a year. That means property owners would have to choose between renting a home to college students from nearby Monmouth University or renting a home year round.

July 2004

LONG BRANCH - No one at the City Council meeting last night uttered the words "college rentals," but the issue was very much on the agenda in the form of three separate ordinances designed to curb unruly renters who also are Monmouth University students. Ordinance 25-04 increases the maximum penalties levied in municipal court from $1,000 to $1,250, the highest allowed by law, for all ordinances

June 2004 – Ocean Township and Long Branch, New Jersey

Heeding complaints that the annual influx of college students living in off-campus apartments is detrimental to their towns' quality of life, officials in Long Branch and Ocean Township are preparing to introduce ordinances designed to combat the problem. Long Branch Mayor Adam Schneider said the ordinance would limit absentee landlords to renting units once a year, rather than allow the common practice of renting to students for nine months and summer visitors for three.

August 2004

OCEAN -- Landlords in the business of putting revolving doors in township rental properties should get ready to close up shop, under a new township ordinance passed last night.

Only one certificate of occupancy will be issued every 12 months for a dwelling in a single-family zone, under the ordinance adopted by the Township Council.

Although the ordinance does not eliminate seasonal rentals, it essentially forces nonresident property owners to choose between the summer and college-rental markets.

Residents praised the action, but many said officials need to stay vigilant in stamping out temporary tenants who fill once-quiet neighborhoods with noise, trash and criminal activity.

A resident and mother of five who rents out two township properties -- took objection to the ordinance's definition of "family."

While the clause states fraternities, sororities and other groups would not be deemed "traditional family units," Haleva said officials should be careful about legislating how many people can live under one roof.

"A single-family home does not mean you're supposed to have 2.3 kids living in the home

 
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