Short-term rentals in Asbury Park, explained properly.

Sec. 13-1300.4(b)(3) allows up to two separate units within a two-family residential dwelling where one of the two units is occupied by the owner as the principal residence. Sec. 13-1300.4(b)(4) allows not more than two separate units in a multifamily residential dwelling where one other unit is occupied by the owner as the principal residence. Sec. 13-1300.4(b)(5) allows not more than two bedrooms in a single-family dwelling unit that share the kitchen and bathroom with the occupant, the rest of the home being the owner's principal residence. Sec. 13-1300.4(c)(3) and (4) prohibit short-term rental of a unit in a two-family dwelling where the other unit is not owner-occupied, and of two or more units in a multifamily dwelling where another unit is not owner-occupied. The wording of subsection (b)(3), which allows up to two units in a two-family dwelling where one of the two is owner-occupied, is quoted as written; ask the City how it counts units. Sec. 13-1300.8(b) also limits a dwelling unit to a single short-term rental contract at a time.

Sec. 13-1300.4(b)(1) permits short-term rental of condominium units where the By-Laws or Master Deed permit it and the owner identifies the address as the principal residence. Sec. 13-1300.4(c)(1) prohibits short-term rental of condominiums or townhomes where the By-Laws, Master Deed or Condominium Rules and Regulations do not permit it. Sec. 13-1300.6(c) requires a letter of approval by the condominium association to be submitted with a condominium permit application.

The 180-day total is written into the definition of short-term rental in Sec. 13-1300.3: the accessory use of a dwelling unit for occupancy by someone other than the owner or permanent resident for 30 or less consecutive days, up to a cumulative total period not to exceed 180 days in a calendar year, where the unit is regularly used and kept open for the lodging of guests and advertised or held out as a place regularly rented to transient occupants. The definition of short-term rental property says dwelling units rented to the same occupant for more than 30 continuous days, licensed bed and breakfast establishments, licensed rooming or boarding houses, hotels and motels are not short-term rental property. Ask the City how the 180 days are counted and what applies after day 180; this rule is flagged for review.

Sec. 13-1300.3 defines short-term rental by a ceiling of 30 or less consecutive days and a cumulative total of not more than 180 days in a calendar year, and excludes dwelling units rented to the same occupant for more than 30 continuous days from short-term rental property.

Sec. 13-1300.6(d) requires the zoning permit. Sec. 13-1300.5(a) says the permit requirement is in addition to any land use requirement in the City's Land Use Regulations. The Land Use Regulations and Zoning Ordinance haven't been reviewed yet, so the zones and any further conditions are not shown here.

Sec. 13-1300.8(j) says a tenant may not apply for a short-term rental permit, nor may the property or any portion of it be sub-leased by the tenant on a short-term basis or operated as a short-term rental by the tenant, and that this regulation supersedes any conflicting provision in a private lease that permits sub-leasing. A violation leads to enforcement action against the tenant, the owner, the short-term rental property agent and the responsible party, with a summons and fines or penalties. Sec. 13-1300.3 defines owner as an individual or entity holding title by a legally recorded deed.

Sec. 13-1300.6(a) lists what the sworn application must include: owner contact details (and, for an entity, its partners, officers or directors); the unit address; the owner's driver's license or state identification card; the front page of the Federal 1040 with tax identification and financial information redacted (past two years for initial applications, past year for renewals); a bank statement from the past three months with account numbers redacted; the owner's sworn principal residence acknowledgement or claimed exemption; contact details for a short-term rental property agent and a responsible party, each a 24-hour, seven-day contact; the number and location of parking spaces; agreement to a limit of one vehicle per two occupants; agreement to avoid disrupting the neighborhood; and agreement to give the City full access to the online listing on request. With the application the owner provides proof of ownership, proof of general liability insurance in a minimum amount of $500,000, and written certifications from the agent and responsible party (Sec. 13-1300.6(f)). Sec. 13-1300.7(a) requires the Department, once a complete application with fees is submitted, to issue the permit and Certificate of Occupancy or a written denial with reasons within ten business days, and Sec. 13-1300.7(d) says a permit is issued only after all outstanding violations have been abated.

Sec. 13-1300.8(l) requires the owner to be current with all tax and sewer charges assessed to the property before a permit is issued, requires any code violations issued by the City relating to the short-term rental property to be abated first, and requires the owner to close any open construction permits. Sec. 13-1300.8(m) requires all fines or penalties issued by the Municipal Court for past code violations relating to the property, including penalties for failure to appear, to be satisfied in full before issuance. Sec. 13-1300.6(e) requires a sworn statement that there have been no prior revocations or suspensions of this or a similar license, in which event a license is not issued; denial may be appealed. Sec. 13-1300.7(d) says a permit is issued only after all outstanding violations have been abated.

Sec. 13-1300.6(f)(2) requires the owner to attach proof of general liability insurance in a minimum amount of $500,000 to, and concurrent with, the permit application.

Sec. 13-1300.6(b) requires annual inspections of the short-term rental property for compliance with fire safety regulations and the Property Maintenance Code, and a review of each application to verify eligibility and compliance with the article. Failure to abate outstanding violations before occupancy can result in a summons. The $85 reinspection fee is in Sec. 13-1300.5(f).

Sec. 13-1300.7(b) and (c). Separately, Sec. 13-1300.8(k) says an appeal of the City Manager's decision to suspend or revoke a permit is made to the Superior Court of New Jersey.

Sec. 13-1300.6(i): the primary occupant may have guests under 21 who share the property. Both the primary occupant signing the agreement and the owner are responsible for compliance and are both liable for a violation where the property is not occupied by at least one adult over 21 during the term of the rental.

Sec. 13-1300.8(g). The application must name a short-term rental property agent and a responsible party, each with seven-day, 24-hour contact information (Sec. 13-1300.6(a)(5) and (6)). Sec. 13-1300.3 defines the responsible party as the owner and a person (property manager) designated by the owner to answer for maintenance and the conduct of occupants and to accept legal process for the owner, and the agent as a New Jersey licensed real estate agent or other person charged with the permit application and the owner's obligations. If the owner is unreachable, the agent and responsible party must take action to resolve complaints (Sec. 13-1300.8(f)).

Sec. 13-1300.6(g) requires the permit number in every advertisement and listing. Sec. 13-1300.5(b) and Sec. 13-1300.8(i) make advertising a short-term rental, in print, on an internet booking platform, online or in the MLS, before the permit is issued the same as operating without a permit, a violation that results in enforcement action and a summons for the owner, the agent and the responsible party.

Sec. 13-1300.8(c).

Sec. 13-1300.6(h) says the City is to have basic identifying information of all occupants of the short-term rental at all times, as for a standard rental Certificate of Occupancy.

Sec. 13-1300.6(a)(8) and (9): the application lists legal off-street parking spaces and on-street spaces directly adjacent to the premises, the owner certifies that every effort will be made to avoid or mitigate on-street parking problems, and the owner agrees that renters are limited to one vehicle per two occupants. Sec. 13-1300.8(e)(4) requires the maximum number of parking spaces available on site to be posted in the rental. Sec. 13-1300.8(k): three substantiated complaints about excessive vehicles belonging to transient occupants make the permit subject to suspension or revocation by the City Manager or a designee.

Sec. 13-1300.8(e)(1) to (7). If the owner is an entity, the name of a principal and a phone number are posted. The phone numbers are for the Asbury Park Police Department, Fire Department, Department of Code Enforcement and Department of Property Improvement and Neighborhood Preservation. The notice must say that a guest, transient occupant, the agent, the responsible party or the owner may be cited or fined by the Police Department or the Department of Property Improvement and Neighborhood Preservation.

Sec. 13-1300.6(a)(12).

Sec. 13-1300.9(a). Operating without a permit, or advertising before the permit is issued, results in a summons and fines or penalties for the owner, the short-term rental property agent and the responsible party (Sec. 13-1300.8(i)). A violation by a tenant who subleases leads to a summons and fines for the tenant, the owner, the agent and the responsible party (Sec. 13-1300.8(j)). Failure of transient occupants to follow City ordinances, including noise and nuisance ordinances, subjects the occupants, owner, responsible party and agent to fines and penalties and possible revocation or suspension (Sec. 13-1300.8(d)). Sec. 13-1300.9 was last amended 5-8-2019 (Ord. No. 2019-16).

Sec. 13-1300.8(h): after revocation for two or more substantiated complaints, the property may not be the subject of a new permit application for one year from the date of revocation. Sec. 13-1300.8(k): an owner may not operate during a suspension or revocation until formally notified that operation may resume, and an appeal of the City Manager's determination is made to the Superior Court of New Jersey. Sec. 13-1300.6(a)(12): failure to give the City access to the online listing may result in suspension or permanent revocation. Sec. 13-1300.5(g): a new application and first-time fee are required after a revocation or suspension.

The Division of Taxation page on hotel and motel occupancies says New Jersey imposes sales tax on hotel and motel occupancies at a current rate of 6.625% (page last updated 04/07/26, no effective date shown). The Division's Tax Topic Bulletin S&U-13 (rev. 3/23) says it does not address transient accommodations and points to a separate bulletin on them, which was not read for this layer. The Department of Community Affairs' Local Finance Notice 2026-09 (April 7, 2026) says P.L. 2018, c. 49 and P.L. 2019, c. 235 amended the hotel and motel occupancy fee law to implement sales tax and the State Occupancy Fee on a transient accommodation obtained through a transient space marketplace, or one that is a professionally managed unit. The notice defines a professionally managed unit as a unit that is directly or indirectly owned or controlled by a person offering for rent two or more other units during the calendar year. Because the rate for transient accommodations is not stated on a page that addresses them, this is marked for review. Booking-platform collection is covered in a separate row.

The Division of Taxation's State Occupancy Fee page says the fee is 5% of charges for the rental of hotel and motel rooms that are subject to sales tax, in addition to sales tax and any municipal occupancy tax, and is imposed at a lower rate in cities where hotel and motel occupancies are already subject to a local tax: 1% in Atlantic City, Elizabeth, Newark and Jersey City, and 3.15% in the three Wildwoods. The fee is imposed directly on the occupant and must be shown on the bill as "New Jersey State Occupancy Fee". It is not imposed on an occupancy of at least 90 consecutive days (the permanent resident exemption), on assembly space, or on qualifying government occupants. Bulletin S&U-13 (rev. 3/23) gives the same rates for hotels. The Department of Community Affairs' Local Finance Notice 2026-09 says the State Occupancy Fee applies to transient accommodations obtained through a transient space marketplace or that are professionally managed units; the fee page and bulletin read here describe hotel and motel rooms, so how the rates apply to a short-term rental is marked for review. The fee page was last updated 09/22/25 and shows no effective date for its rates.

The Department of Community Affairs' Local Finance Notice 2026-09 (April 7, 2026) says municipalities that allow short-term rental of transient accommodations are authorized to impose a municipal occupancy tax not to exceed 3% on those transactions, except Newark, Elizabeth, Jersey City, Paterson, Atlantic City, Wildwood, Wildwood Crest and North Wildwood, which are authorized to apply separate hotel or tourism-related statutory taxes to transient accommodation rentals. The notice says the municipal tax applies only to transient accommodations obtained through a transient space marketplace or that are professionally managed units, and that leases of real property with a term of at least 90 consecutive days are not transient accommodations. A new or amended ordinance must be transmitted to the Division of Taxation and does not take effect until 90 days after it is transmitted. The tax must be collected by the person collecting rent from the customer. Tax Topic Bulletin S&U-13 gives the same 3% ceiling and the same list of excluded cities for hotel occupancies. Each municipality's own tax is on its page.

Local Finance Notice 2026-09 (April 7, 2026) of the Department of Community Affairs, Division of Local Government Services, says rental of short-term transient accommodations is largely subject to municipal ordinance and quotes N.J.S.A. 40:52-1(n) as authorizing municipalities to issue licenses for rental of real property "for a term less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere". License amounts are to be adopted by the governing body as part of the municipal fee ordinance. The notice adds that many municipalities have adopted ordinances authorizing and regulating short-term rentals through online marketplaces such as Airbnb and VRBO. The statute itself was not read; its wording is taken from the notice. Each municipality's own rules are on its page.