Jersey City

Owner who lives there

Short-term rentals may only be operated by a property owner residing at the premises after getting a permit.[1] No permits are available for tenants, and the ordinance bars a tenant from subleasing a unit on a short-term basis.[1, 2] A permit expires automatically when the property changes ownership.[2]

Eligible properties

The FAQ lists condo units where the association allows it and the owner lists the unit as a principal residence, owner-occupied single-family homes, one unit in a two-family home with an owner-occupied unit, one unit in a three- or four-unit building with an owner-occupied unit, and up to three rooms in an owner-occupied single-family bed and breakfast.[1] The ordinance bars short-term rentals in multiple dwellings where rent is set by HUD, a state agency or an agreement with the owner or developer, or is governed by Chapter 260 of the city code.[2]

Night and permit limits

Rentals when the owner or operator isn't present may run no more than 60 total nights per calendar year.[1] Where the owner isn't present, rentals are prohibited in buildings with more than four units.[2] No person or entity may hold an interest in more than two permits.[2]

Apply

Apply through the city's Permitting and Licensing Portal.[5] Every initial application needs a zoning determination letter from the Division of Zoning.[5] The city issues the permit within 30 days of compliant documents and satisfactory inspections.[1]

Papers and insurance

Send proof of ownership, proof of principal residence, current utility bills and proof of at least $500,000 in general liability insurance.[1] You also need proof that you have no outstanding municipal fines, no noise violations (Chapter 222) in two years, and no outstanding taxes or water and sewer charges.[1]

Inspections

Schedule two inspections, one with the Division of Housing Preservation and one with the Division of Fire.[1] The unit must meet the Property Maintenance Code (Chapter 254), and fire safety requirements vary by property type.[1] The ordinance asks for a fire safety and property maintenance inspection within the past six months with an initial application.[2]

Responsible party and agent

Name a responsible party and a short-term rental agent who can be reached 24 hours a day, 7 days a week.[1] While the unit is rented, the owner, agent or responsible party must be available to respond to complaints within two hours.[2] The owner can name a property manager as the responsible party.[1]

Guest rules

Don't rent to anyone under 21, and the primary occupant must be over 21 and must actually occupy the unit.[2] A unit is limited to three short-term rental contracts at a time.[2] Renters are limited to one vehicle per two occupants.[2]

Listings

Put the permit number in every print, digital, web-based platform, MLS or realtor listing.[6] Advertising before you have a valid permit is a violation of Chapter 255.[6]

Posting

Post the owner's contact details, the responsible party and agent contacts, the phone numbers for Public Safety, the Resident Response Center and Housing Preservation, the parking spaces, the trash and recycling rules and a notice about fines.[6] Don't put up signs that advertise the unit for rent.[2]

State taxes

New Jersey's guidance for transient accommodations lists a 6.625% sales tax and a 5% State Occupancy Fee, which is reduced to 1% in Jersey City since Dec 1, 2021.[3] The state's current hotel and motel pages show the same 6.625% sales tax and the 1% Jersey City fee rate.[7, 8]

City and regional taxes

The state says Jersey City amended its ordinance to impose its hotel occupancy tax on transient accommodations.[3] The state's list shows 3% for Jersey City, effective 12/1/2021.[4] Rentals in the Meadowlands municipalities, which the state lists as including Jersey City, also pay a 3% Meadowlands Regional Hotel Use Assessment.[3]

Who collects

A transient space marketplace must collect and remit the sales tax and State Occupancy Fee on bookings made through it.[3] If you book directly and your unit is professionally managed, you must register and collect as a seller.[3] A unit is professionally managed if its owner or controller offers two or more other units for rent in the calendar year.[3]

Stays of 90 days or more

Rentals of at least 90 consecutive days are exempt as permanent resident stays.[3]

Fines

Court fines run up to $2,000 per violation, and not less than $100 per violation per day.[2] They can fall on the owner, the occupants, the agent, the responsible party and the intermediary.[2] You get 30 days to cure and can ask for a hearing before a Municipal Court judge.[2]

Advertising without a permit

Advertising a unit before you have a permit counts as operating without one.[2] A listing without the permit number is a violation, and every day it appears is a separate violation.[2]

Revocation

Three or more substantiated complaints mean the permit is revoked, and the property can't apply again for one year.[2] The city can also revoke after a single substantiated complaint if its interests justify it, or after two substantiated complaints about excessive vehicles.[2]

Appeals

You have ten business days to appeal a denial or revocation in writing to the Office of the Business Administrator, which decides within 30 days.[2]

Renewals

Renew every year through the city's online portal, with the full application in at least 30 days before the permit expires.[2] A renewal can leave out the owner's affidavit and the agent, responsible party and zoning letter if nothing has changed.[5]