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November 4, 2024

Somers Point residents and city agree: Address rentals

Airbnb, Vrbo cause concerns over traffic, noise, parking

SOMERS POINT — Multiple city residents expressed their dismay Jan. 12 about a home being operated as a short-term rental, calling for changes to control the practice citywide.

Their complaints came as no surprise to City Council members, with several noting the issue is a priority for this fledging new year.

The advent of online rental companies such as Airbnb and Vrbo has vastly increased the market for vacation properties across the nation and around the world, changing some rental home occupants from neighbors into what some characterize as nuisances.

Many stand to gain from the practice, such as landlords increasing their rental income, local businesses selling more goods and services and vacationers finding an affordable spot in a nice location. It could even lead to homeowners upgrading properties that otherwise would have remained stagnant.

But there certainly is a down side, such as increased traffic, noise, trash and cars in residential neighborhoods, as expressed by the residents at the City Council meeting, most of whom were focused on one Braddock Drive home.

Will Modica said when the city amended its municipal code regarding property maintenance in January 2021, it did more harm than good. 

Language added to the code at the time defines a short-term rental as a residential unit rented for fewer than 175 consecutive days by a person having a permanent home elsewhere. 

It requires a registration certificate as well as contact information and the maximum number of occupants to be provided to the Code Enforcement Office.

The owner of each property also must obtain a $100 mercantile license and yearly inspection. Failure to have an inspection within 15 days of receiving the mercantile license will result in the immediate suspension of the right to lease the premises.

The landlord of a short-term rental is also required to conduct a quarterly self-inspection of the property for health and safety purposes using a form issued by the Code Enforcement Office.

The ordinance was adopted Jan. 28, 2021, by a roll call vote. Councilman Howard Dill, who is now a member of the committee investigating the issue, recused himself because he owns rental property in the city, and Councilman Sean McGuigan voted no. 

“Instead of controlling short-term rentals, I feel allowing them has eliminated residential zoning and created commercial motel zoning without the same taxes, rules and regulations that hotels in our community have to obey,” Modica said, asking City Council to re-evaluate the ordinance. 

Sue Vacca said one home listed on Airbnb in Somers Point is advertised as a three-bedroom home that sleeps 12.

“That seems like a recipe for disaster,” she said. “It’s a lot of people in a three-bedroom house.”

Vacca said she feels like she has to monitor the property on her street for compliance and does not want to have to be responsible.

“I don’t want to have to supervise this house,” she said.

Bruce Lonergan complained of the numerous vehicles parked on the street from one such rental unit. “What recourse do we have when this place is not kept up and we have to live with it?” he asked, noting there are six or seven cars at the house on most weekends and he can’t park in front of his own house.

“City Council needs to come up with a plan that has some restrictions and some way to manage how these people run it,” he said.

Lisa Fontana said she would like a public referendum on whether short-term rentals should be allowed.

“We have way too many rental units in Somers Point now with more being planned,” she said. 

Fontana said the neighborhoods are zoned single-family residential and that allowing short-term rentals is ignoring zoning rules.

“There has to be consideration for the residents who still want to live in, maintain, upgrade and improve their primary residences,” she said.

Prior to the public portion of the meeting, Dill noted short-term rentals are one of three issues that he would like to see addressed in the first quarter of the year. Parking at municipal lots and reorganization of the recreation board are the others.

“I would like to see the council move forward with these three projects,” Dill said.

“I agree, definitely a priority,” City Council President Janice Johnston said.

McGuigan said he also would like to see it expedited.

Dill later told the audience that work is under way to address the issue, saying the committee has been searching through ordinances from other municipalities to “come up with something that is comparable and reasonable to the taxpayers.”

After the meeting, Dill said the committee is focusing mostly on regulatory issues and who is going to enforce the rules. He said there are many aspects to consider, such as the number of allowable occupants and vehicles and where they are kept.

“One of the things that I would like to see is if you’re going to allow cars, you should only allow cars that can be stored legally on the property, not use the street as an avenue to have more cars,” he said. “There are a lot of things to taken into consideration and I would like to see it moved along.”

While he wants to move forward soon, Dill said the ordinance must be comprehensive.

“When you come up with an ordinance, you have to come up with one that covers all of the issues,” he said. “I don’t care if it takes us six months, but I will not vote for an ordinance that does not address all the issues and recognize all of the problems and has some type of enforcement and fines associated with it.”

Dill wants to see penalties significant enough to discourage owners from ignoring property maintenance rules.

“I believe they are fine for the community as long as the restrictions are severe enough that people will follow them,” he said. “The key is making sure that we have rules in place, we have the enforcement in place and the violations will be more than enough to discourage people from allowing the behavior.”

He also wants to ensure that a representative is within 25 miles of each property to address any issues that may arise.

“We have to have someone in contact with the police and code enforcement to make necessary corrections ASAP,” he said.

Dill said there are some upsides to short-term rentals, saying people investing in properties for use as Airbnbs is better than having run-down homes. 

“If they are going to invest in it and maintain it, we are going to force them to maintain it so that it’s a decent property in the neighborhood and it improves the neighborhood,” he said, adding that the practice brings tourists to the city who may decide to return.

McGuigan maintained his opposition.

“I don’t think that short-term rentals are right for our neighborhoods. Our neighborhoods are long-term neighborhoods that people have moved into and are residential zones for people to live, raise families and have a sense of community,” McGuigan said. “Putting a short-term rental, which is akin to a hotel room, is contrary to that.”

When the changes were made in 2021, McGuigan argued for a minimum rental period of 30 days. He said it would “allow anyone who wants to rent their property the opportunity to do so but would stop the ‘party house’ rental or constant weekend turnovers and all the ills that come with those.”

He also said Somers Point is unique in the area by not only allowing but encouraging the practice.

“This action is being taken even though all of our surrounding mainland governing bodies (Linwood, Northfield, Egg Harbor Township, Mays Landing) have all taken actions to protect their neighborhoods,” McGuigan wrote in an email.

McGuigan said he was afraid some rental units would turn into party spots, potentially annoying neighbors, and frequent turnover would do the same.

“I just want to apologize to the citizens that I haven’t been able to convince anyone to join me to oppose this,” McGuigan said.

By CRAIG D. SCHENCK/Sentinel staff

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