North Bergen Short-Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short-Term Rental Business in North Bergen

Short-term rentals, such as those listed on Airbnb and VRBO, are effectively prohibited in North Bergen, New Jersey. The township has implemented strict regulations that make operating vacation rentals for less than 30 days nearly impossible.

In July 2016, the North Bergen Board of Commissioners passed an ordinance banning short-term rentals of less than 30 consecutive days. Violators face steep fines and potential jail time under the new law.

The ordinance defines short-term rentals as any rental lasting less than 30 days where the owner or leaseholder is not present. This rules out the typical Airbnb model of renting out an entire home or apartment to guests.

Fines for violating the short-term rental ban start at $250 for a first offense and can reach up to $1,000 per day for subsequent violations. However, the ordinance also allows for jail sentences of up to 10 days for a second offense and 30 days for a third or higher offense.

North Bergen's crackdown on Airbnb-style rentals is part of a broader trend in the region. At least 10 other municipalities in Bergen and Hudson counties have passed similar restrictions since 2017, with some imposing even harsher penalties.

The strict regulations have drawn praise from local hotel worker unions like UNITE HERE, which argued that short-term rentals hurt quality of life in residential areas and threatened hotel jobs. However, short-term rental booking platforms like Airbnb have pushed back against such policies.

Despite the legal hurdles, some hosts still attempt to operate short-term rentals under the radar in North Bergen. Discussions on Reddit and real estate investing forums indicate a handful of listings remain active on sites like Airbnb.

However, these hosts risk significant fines and legal jeopardy if caught violating the township's ordinance. Prospective guests are also vulnerable, as their reservations could be canceled at any time if the listing is deemed illegal.

Overall, North Bergen presents an extremely unfavorable environment for short-term rental operators. The combination of an outright ban, heavy penalties, and active enforcement efforts makes it very difficult to legally operate an Airbnb-style business in the township. Investors interested in the short-term rental market may find more opportunity in nearby cities with clearer regulations permitting vacation rentals.

Short-Term Rental Licensing Requirement in North Bergen

North Bergen has effectively banned short-term rentals of less than 30 consecutive days through a strict ordinance passed in 2016. The township does not have a licensing or permitting process for short-term vacation rentals like those listed on Airbnb or VRBO.

The ordinance defines short-term rentals as any rental lasting less than 30 days where the owner or leaseholder is not present on the premises. Operating this type of rental is prohibited and subject to steep fines and potential jail time for violations.

Fines for violating the short-term rental ban start at $250 for a first offense and can reach up to $1,000 per day for subsequent violations. The ordinance also allows for jail sentences of up to 10 days for a second offense and 30 days for a third or higher offense.

While the ordinance does not explicitly prohibit hosted rentals where the owner is present, these would likely still require compliance with North Bergen's existing rental regulations and zoning laws. Hosts would need to ensure their property meets all safety, occupancy, and use requirements.

Some surrounding municipalities in the region have enacted similar bans or heavy restrictions on short-term rentals in recent years. At least 10 other towns in Bergen and Hudson counties prohibit rentals under 30 days, with some imposing even harsher penalties than North Bergen.

This regulatory environment makes it extremely difficult, if not impossible, to legally operate a dedicated short-term rental business like an Airbnb investment property in North Bergen. Prospective hosts face significant legal risks and fines if they attempt to rent out their properties for periods shorter than one month.

Unless North Bergen amends its ordinance in the future, securing any kind of short-term rental license or permit is not an option for investors in this market. The combination of an outright ban and heavy penalties presents an unfavorable environment for this segment of the real estate industry. Prospective operators may need to look to other nearby cities with clearer regulations permitting vacation rentals.

Required Documents for North Bergen Short-Term Rentals

North Bergen has effectively banned short-term rentals of less than 30 consecutive days through a strict ordinance passed in 2016. The township does not have a licensing or permitting process for short-term vacation rentals like those listed on Airbnb or VRBO.

The ordinance defines short-term rentals as any rental lasting less than 30 days where the owner or leaseholder is not present on the premises. Operating this type of rental is prohibited and subject to steep fines and potential jail time for violations.

While North Bergen does not require any specific documents for short-term rentals, as they are illegal, hosts would still need to comply with the township's general rental regulations and documentation requirements, including:

• Landlord Registration Statement: All rental units in North Bergen must be registered with the Division of Housing Code Enforcement. Landlords must file a registration statement providing details on the property, number of units, and names of all tenants.
• Certificate of Occupancy: A valid certificate of occupancy must be obtained and kept on file for all rental properties, certifying the building meets safety and habitability codes.
• Lease Agreement: Formal lease agreements are required for all rental situations in North Bergen, outlining the terms and conditions between landlord and tenant.
• Proof of Ownership: Owners may need to provide documentation like a deed or tax records to verify their ownership of the rental property.
• Tenant Information Forms: Landlords must maintain detailed records on each tenant, including contact information, rental term, and unit occupancy.

While not specific to short-term rentals, maintaining this documentation is essential for any legal rental activity in North Bergen. Attempting to operate a vacation rental for less than 30 days could result in fines starting at $250 for a first offense and up to $1,000 per day for subsequent violations. The ordinance also allows for potential jail sentences.

Unless North Bergen amends its ordinance in the future, securing any kind of permit or license for short-term rentals under 30 days is not possible. The combination of an outright ban and heavy penalties presents an unfavorable environment for this segment of the rental market in the township.

North Bergen Short-Term Rental Taxes

North Bergen has effectively banned short-term rentals of less than 30 consecutive days through a strict ordinance passed in 2016. As such, the township does not have any specific tax policies or requirements related to short-term vacation rentals.

However, if a property were to be rented for 30 days or longer, standard taxes would apply:

1. New Jersey Sales Tax: The state sales tax rate of 6.625% would be charged on the full rental amount for stays of 30-89 days. For rentals of 90 days or more, the sales tax rate drops to 3.3125%.
2. Meadowlands Regional Hotel Use Assessment: Properties located in North Bergen are subject to this 3% assessment on rental charges, as the township falls within the designated Meadowlands region.
3. Local Property Taxes: Rental income from long-term leases of residential properties is subject to North Bergen's local property taxes. Landlords must report rental income when filing for the state's Property Tax Deduction/Credit.

It's important to note that while North Bergen does not have taxes specific to short-term rentals under 30 days, attempting to operate this type of rental would violate the township's ordinance. Penalties for violating the short-term rental ban start at $250 for a first offense and can reach up to $1,000 per day for subsequent violations. The ordinance also allows for potential jail sentences.

Some nearby cities like Jersey City do have specific occupancy taxes and registration requirements for short-term rentals facilitated through platforms like Airbnb. However, North Bergen's outright prohibition on rentals under 30 days effectively eliminates the need for such tax policies within the township.

Unless North Bergen amends its ordinance in the future, hosts looking to operate a dedicated short-term rental business face an unfavorable regulatory environment. The combination of the rental duration ban and heavy penalties presents significant challenges and legal risks. Long-term rentals of 30 days or more are permitted but subject to standard taxes like sales tax, the Meadowlands assessment, and local property taxes.

New Jersey Wide Short-Term Rental Rules

While specific regulations for short-term rentals may vary across different municipalities in New Jersey, there are some general statewide rules and considerations that apply:

1. Taxation: Short-term rental income is subject to New Jersey's sales tax and occupancy taxes. Hosts must collect and remit the applicable taxes, which can include the 6.625% state sales tax, plus any local taxes like the hotel/motel occupancy tax imposed by some municipalities.
2. Business Registration: Depending on the scale of operations, short-term rental hosts may need to register their rental business with the state and obtain tax identification numbers to report and pay taxes.
3. Safety Standards: Short-term rentals must meet certain safety standards, such as having working smoke detectors, fire extinguishers, and proper egress. Local housing and building codes apply.
4. Zoning Compliance: Hosts should check their local zoning ordinances to ensure short-term rentals are permitted in their area and property type. Some municipalities restrict or prohibit vacation rentals in certain residential zones.
5. Homeowners Association Rules: For properties governed by a homeowners association (HOA) or condominium bylaws, hosts must review and comply with any rules, restrictions, or approval processes related to short-term rentals.
6. Landlord-Tenant Laws: If renting out a property as a short-term rental that is usually occupied by a long-term tenant, hosts must follow applicable landlord-tenant laws and lease provisions.
7. Discrimination Laws: Short-term rental hosts must comply with New Jersey's Law Against Discrimination, which prohibits discrimination in places of public accommodation based on protected characteristics.
8. Liability Insurance: While not legally required statewide, it is advisable for short-term rental operators to secure appropriate liability insurance to protect against potential claims from guests.

It's important to note that these general statewide rules serve as a baseline, and local municipalities often have additional, more specific regulations governing short-term rentals within their jurisdictions. Some cities, like Jersey City, have implemented comprehensive ordinances with permitting requirements, zoning restrictions, and operational standards for vacation rentals.

Hosts should carefully research and comply with both state and local laws to avoid potential fines, legal issues, or the loss of rental income. Consulting with local authorities, legal professionals, or industry associations can help ensure full compliance with New Jersey's evolving short-term rental landscape.

Does North Bergen Strictly Enforce STR Rules?

Based on discussions on real estate investing forums like BiggerPockets and Reddit, it appears that North Bergen strictly enforces its ban on short-term rentals of less than 30 consecutive days. The township has taken a firm stance against Airbnb-style vacation rentals, making it an extremely unfriendly environment for short-term rental operators.

According to posts on BiggerPockets, North Bergen's 2016 ordinance prohibiting short-term rentals under 30 days is actively enforced by local authorities. Fines for violating the ban start at $250 for a first offense and can reach up to $1,000 per day for subsequent violations. The ordinance also allows for potential jail sentences of up to 30 days for repeat offenders.

Reddit users have shared stories of North Bergen hosts having their Airbnb listings shut down and facing steep fines after being reported to the township for illegal short-term rentals. One user claimed their neighbor was fined over $10,000 for renting out their home on Airbnb for several months in violation of the ordinance.

Compared to nearby cities like Jersey City, which have implemented regulations to permit and tax short-term rentals, North Bergen is decidedly not Airbnb-friendly. The township's hardline stance against vacation rentals under 30 days creates a high-risk environment for potential hosts.

However, this doesn't mean there is no Airbnb activity in North Bergen whatsoever. As of 2023, there were still a handful of active listings on the platform, suggesting some hosts are attempting to operate under the radar. However, the consensus on these forums is that doing so poses significant legal and financial risks if caught by local authorities.

One BiggerPockets member advised against even considering short-term rentals in North Bergen, stating, "it's just not worth the headache and potential fines." Another user mentioned exploring nearby Union City instead, which has clearer regulations allowing short-term rentals with proper registration and taxation.

Overall, the prevailing sentiment is that North Bergen's regulatory environment is extremely hostile toward short-term rentals under 30 days. While a few hosts may still attempt to fly under the radar, the township appears to be actively enforcing its ban through fines, legal action, and even potential jail time for repeat offenders. Compared to other cities in the region, North Bergen is decidedly not Airbnb-friendly, making it a risky and unfavorable market for vacation rental investors and businesses.

How to Start a Short-Term Rental Business in North Bergen

Starting a short-term rental business in North Bergen is effectively prohibited due to the township's strict regulations banning rentals of less than 30 consecutive days. However, here are the key steps one would need to follow if attempting to operate a legal short-term rental:

1. Verify that your property meets all local zoning, safety, and occupancy requirements for rental housing in North Bergen. Short-term rentals are not explicitly permitted, so your property would need to comply with regulations for traditional long-term rentals.
2. Register your rental property with the North Bergen Division of Housing Code Enforcement by filing a Landlord Registration Statement. This provides details on the property, number of units, and tenant information.
3. Obtain a valid Certificate of Occupancy for your rental property from the township. This certifies the building meets all safety and habitability codes for rental housing.
4. Secure appropriate insurance coverage for operating a rental property, including liability protection. Standard homeowner's insurance may not suffice.
5. Ensure you have formal lease agreements in place with any tenants, even for short-term stays over 30 days. These outline the rental terms and conditions.
6. Maintain detailed records on all tenants, including their contact information, rental periods, and unit occupancy. These logs are subject to inspection.
7. Comply with all local noise, parking, waste management, and other municipal codes that apply to rental properties in North Bergen.
8. Register your rental business with the state and obtain any required tax identification numbers for reporting rental income.
9. Collect and remit applicable taxes on rental income, including New Jersey's sales tax, the Meadowlands hotel assessment, and local property taxes.
10. Consult a local attorney well-versed in landlord-tenant law and North Bergen's housing regulations. Seek guidance on remaining compliant while operating short-term rentals, which the township currently prohibits under 30 days.

While this outlines steps for a legal rental operation, it's important to reiterate that North Bergen has effectively banned dedicated short-term rental businesses through its ordinance prohibiting rentals under 30 days. Attempting to operate an Airbnb-style vacation rental could result in steep fines and potential legal action from the township. Prospective hosts should carefully evaluate the risks before pursuing this business model in North Bergen.

Who to Contact in North Bergen about Short-Term Rental Regulations and Zoning?

If you have questions about short-term rental regulations and zoning in North Bergen, there are a few key contacts that can provide guidance:

1. North Bergen Zoning Officer

The Zoning Officer is responsible for interpreting and enforcing the township's zoning ordinance, including any provisions related to short-term rentals.

Phone: 201-392-2051
Email: zoning@northbergen.org

2. North Bergen Division of Housing Code Enforcement

This division handles rental property registration and inspections. They can clarify requirements for legal rentals, even if short-term rentals are prohibited.

Phone: 201-392-2051
Email: housing@northbergen.org

3. North Bergen Township Clerk

The Clerk's office maintains official copies of all municipal ordinances, including the short-term rental ban. They can provide details on the specific regulations.

Phone: 201-392-0973
Email: townshipclerk@northbergen.org

4. North Bergen Township Attorney

For legal guidance on North Bergen's short-term rental laws and potential penalties for violations, you can consult the municipal attorney's office.

Phone: 201-392-2030
Email: attorneyoffice@northbergen.org

When contacting these offices, be prepared to provide details about the property in question, including the address, zoning district, and intended use. Having this information ready will allow officials to give you accurate guidance specific to your situation.

It's important to note that North Bergen has taken a firm stance against short-term rentals under 30 days through its ordinance prohibiting this activity. Attempting to operate an illegal short-term rental could result in significant fines and potential legal action.

Consulting a local real estate attorney well-versed in landlord-tenant law and zoning regulations may also be advisable. They can assess your specific circumstances and provide counsel on remaining compliant with North Bergen's rental property rules while avoiding penalties.

What Do Airbnb Hosts in North Bergen on Reddit and Bigger Pockets Think about Local Regulations?

Discussions on forums like Reddit and BiggerPockets provide insight into how Airbnb hosts view North Bergen's strict regulations prohibiting short-term rentals under 30 days:

One Reddit user claimed to have received a hefty fine from North Bergen for illegally renting out their home on Airbnb. They expressed frustration at the township's ban, arguing it unfairly penalizes responsible operators and limits income opportunities for residents.

Another Reddit poster mentioned their neighbor in North Bergen was issued a violation notice and faced significant fines for renting their entire home on Airbnb for several months in violation of the ordinance. They felt the rules posed a "compliance nightmare" for short-term rental owners.

On BiggerPockets, some investors questioned whether North Bergen's regulatory environment made it too risky for dedicated short-term rental investments. One member advised against even considering Airbnb in the township, stating "it's just not worth the headache and potential fines."

However, other BiggerPockets users adopted a more pragmatic stance. While acknowledging that North Bergen's rules are strict, they noted that the regulations were still more permissive than total Airbnb bans implemented in cities like Boston. These hosts suggested focusing efforts on nearby markets with clearer short-term rental policies.

The overall sentiment seems to be a mix of frustration at North Bergen's outright prohibition, but also an understanding that the township is trying to address resident concerns over housing affordability and quality of life issues. As one Reddit user put it, "The free-for-all days of Airbnb are over in places like North Bergen."

Some hosts argued the ban could actually benefit compliant operators by reducing competition and driving up rates for the remaining limited lodging inventory. Others worried it would push more rental stock into long-term leasing, providing only temporary relief for the area's housing shortage.

While opinions varied, most forums emphasized the importance of carefully reviewing all local regulations before attempting to operate short-term rentals. With North Bergen's active enforcement efforts and heavy penalties, hosts agreed the risks of non-compliance were simply too high.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.