PETERSBURG — Township Committee put the brakes on rental housing regulations April 3 even before numerous speakers condemned the proposal as invasive, anti-landlord and unconstitutional.
Mayor Jay Newman prefaced the public hearing by saying the proposal likely would be tabled, amended and reintroduced at a later date.
“One of the reasons we are holding a public hearing is that we want to get some input. We also want to make sure we are thorough and don’t have any unintended consequences,” Newman said.
Ordinance 8 is intended to protect tenants by ensuring properties are maintained in a safe condition and ensuring that maximum occupancy limits are maintained, and to protect the value of properties nearby by requiring maintenance.
The proposal would require the owner of every rental unit in the township to register their property and provide access for annual inspections. The rules would not apply to motels, hotels, campgrounds or condominium campgrounds.
The ordinance states Township Committee believes short-term rentals benefit the community by allowing owners to generate additional income, as well as providing tourists with an alternative option for accommodations.
It further states that Township Committee believes the transitory use of residential property could have harmful effects if unregulated. The regulations are aimed at balancing the rights of owners of short-term rentals with the business community affected by the allowance.
Regulations are intended to provide a process for short-term rentals, protect the long-term housing market stock, protect the integrity of neighborhoods and ensure properties meet maintenance standards.
Short-term rentals, defined as accommodations for fewer than 31 days, would be limited to the Waterfront Town Center, Marmora Town Center, Resort Residential and Resort Commercial zoning districts.
The proposed regulations call for inspections annually and prior to every change of tenancy. They also allow Township Committee to set fees to be paid to offset administrative expenses.
Furthermore, the regulations set standards for number of occupants based on square footage.
It was that last item that got the attention of Strathmere homeowner Rich Quinn, who emailed information to local news outlets prior to the meeting.
Quinn, who rents his 800-square-foot home to as many as eight people at a time, believes he should be allowed to continue doing so, saying the regulations would reduce the number of renters allowed from eight to three, a reduction of 62 percent.
“Ordinance 8-2023 seems like a well-intended effort, likely initiated to counter the adverse effects on neighbors of Airbnb and other like facilitators of short-term home stays,” Quinn stated in his email. “Regrettably it seems to have morphed into an omnibus effort to address myriad perceived township zoning, safety and aesthetic shortcomings. The economic effects as proposed could be devastating for rental properties, comparable in effect to radical rezoning or confiscation without compensation.”
Quinn stated there would be many unintended consequences of the proposal.
“Let’s all take a deep breath, re-examine what we all really want to achieve with this ordinance and create something which will surgically address the excesses which have been associated with the new phenomenon of Airbnb-like short-term home stays,” he stated.
Lisa Carr, who identified herself as a member of the Strathmere Improvement Association, said her family has owned the home for 55 years, renting one floor so they can “make it a viable option” to keep it.
Carr said the concerns about too many people in a property are valid.
“What we all want to do is enhance the quality of life and safety in Strathmere,” she said. “The concerns about people renting to too many people for the size of the home should be considered.”
But she said the proposed rules are confusing.
“I’m not even sure I understand how many people could fit,” Carr said. “We rent to six to eight people. Could we still do that? I don’t know.”
Carr also said getting an inspection after each tenant is untenable.
“How am I going to do that in three hours when I have to clean, change bedding, fix things,” she said. “I’m asking you to go back and rethink this.”
Victor Nappen, the father of Committeeman Victor Nappen II who identified himself as a local investor who owns multiple homes in the region, said he understands regulations are necessary but has a problem with broad nature of the proposal and its timing.
“The Airbnb issue is something we all have to look at and recognize the necessity of this ordinance,” he said. “It certainly has to be regulated but must be regulated with common sense.”
He asked when such rules would go into effect, saying that would determine how rental owners move forward as the summer season approaches.
“What are we supposed to do now about our properties? Can we start to rent, can we change our tenants? We really don’t know,” Nappen said.
Jon Grubb, who said he owns a couple of properties in the township, said the proposal would give more power to tenants and put Township Committee in the middle of the owner-tenant relationship.
“If you do something like this, you are going to open up a can of worms,” he said.
Scott Phelps, who said he rents residential and commercial properties, called the proposed inspections are intrusive and a violation of the Fourth Amendment protections against unreasonable search and seizure.
“You’re talking about going into somebody’s home that has been there for years. I can understand maybe in between renters,” he said, “but this is my home and nobody is coming in my home without my permission.”
“This section here, Free Access — The township and its agents are hereby authorized to make inspections to determine the condition of a rental unit,” Phelps said. “You ever heard of the Fourth Amendment?”
Furthermore, he said, Article 7 of the New Jersey Constitution says authorities cannot enter a person’s home without a warrant.
Deputy Mayor Kim Hayes said Township Committee is looking at policies that are best for the township, noting it is not anyone’s intention, nor feasible, to inspect units every week.
“We’ve had a lot of good input tonight. I think it’s important to hear from the landlords and property owners about their concerns,” she said.
By CRAIG D. SCHENCK/Sentinel staff