Overview: Are Short-Term Rentals Allowed?

Yes, short-term rentals are allowed in Somers Point, NJ, but they are highly regulated. The city has a specific ordinance (No. 7 of 2023) that governs their operation. This ordinance requires strict registration, licensing, and adherence to safety and occupancy standards. A recent change, effective December 31, 2023, mandates a minimum stay of seven (7) nights, which is a significant operational constraint for investors.

How to Start a Short-Term Rental Business in Somers Point

1. Understand the Legal Framework: Familiarize yourself with Somers Point Municipal Code, Chapter 169, Article V, which governs "Registration and Inspection of Certain Rental Units, Apartments and Dwelling Units." This is your primary legal reference.
2. Assess Property Compliance: Ensure your property meets all requirements:
   • A valid Certificate of Occupancy or Continuing Certificate of Occupancy must be in place.
   • The property must comply with the International Property Maintenance Code.
   • The property must conform to the city's zoning regulations (Chapter 114).
   • The maximum occupancy must be determined, which is the lesser of either the restrictions from the N.J. State Housing Code or two occupants per bedroom plus two.
3. Obtain a Mercantile License: Short-term rentals are considered operating businesses and require a Mercantile License (per Chapter 174 of the Municipal Code).
4. File for Registration: Submit a comprehensive registration certificate application to the city. This is a detailed process (see next section).
5. Prepare for Inspections: The city officials (Zoning Official, Construction Official, and Code Enforcement Officer) are authorized to inspect rental facilities to ensure health, safety, and welfare.
6. Operational Planning: Adjust your business model to reflect the mandatory 7-night minimum stay. This will impact pricing, booking strategy, and target market (e.g., targeting weekly vacationers rather than weekend guests).

Required Documents, Permits, Licenses, and Guidelines

• Mercantile License: A business license as identified in §174-2 of the Municipal Code. The license number must be posted as a separate photo in all online advertisements.
• Registration Certificate: This is the core permit for operating an STR. The application must include:
  • A list of all marketplace platforms (e.g., Airbnb, VRBO) used for advertising.
  • The identity of a managing agent if the owner's primary residence is not in Atlantic County. This agent must be located within ten miles of Somers Point and available 24/7.
  • A certification of compliance with the International Property Maintenance Code.
  • Certification of a valid Certificate of Occupancy.
  • A notification of the requirement to collect taxes (as per Chapter 228, Article II).
  • The maximum number of occupants for the property.
• Certificates of Occupancy: A valid certificate is required for each rental unit.
• Tax Compliance: Adherence to local occupancy tax collection rules and requirements is mandatory.
• International Property Maintenance Code: Properties must comply with this code.

Specific Regulations for Short-Term Rentals

• Minimum Stay: Seven (7) nights is the minimum rental period. This was extended from three nights by a city council vote in 2023 and became effective December 31, 2023.
• Registration Requirement: It is unlawful to operate an STR without a valid registration certificate. The owner bears the burden of proof to show the property is lawfully authorized.
• Occupancy Limits: It is illegal to allow more occupants than the number listed on the registration certificate or to exceed the maximum number of people permitted on decks or porches.
• Prohibited Activities for STRs:
  • Renting for the purpose of hosting a commercial or social event.
  • Renting out separate bedrooms within a dwelling unit while another household occupies the same unit (e.g., renting a single room on Airbnb while living in the house).
  • Renting a camper or motor home on the property as an STR or in connection with an STR.
  • Renting amenities or accessories (like a pool or yard) without the full use of the apartment or dwelling unit.
• Enforcement and Penalties:
  • Criminal Penalties: Violations are punishable by a fine of at least $250 and not more than $1,000, or imprisonment for up to 90 days, or both.
  • Civil Penalties: A $1,500 civil penalty is assessed if there are two sustained complaints of a Noise and/or Nuisance Ordinance violation within one week. This can be appealed to the City Council within one week.
  • License Revocation: A license can be revoked or suspended for any violation of the article or other laws, or in the case of an STR, three sustained complaints regarding the property's use or operation within one year.

Contact Information for the Local Authority

The ordinance assigns responsibility for enforcement and inspections to the following city officials. For contact information, investors should contact the Somers Point City Hall.

• Zoning Official / Code Enforcement Officer: Responsible for inspections and enforcement of the ordinance.
• Construction Official: Involved in inspections related to building and safety codes.
• City Clerk's Office: Handles appeals for civil penalties related to sustained complaints.

Somers Point City Hall:

• Address: 1 West New Jersey Avenue, Somers Point, NJ 08244
• Phone: (609) 927-9088
• Website: Official City Website (Note: This URL was not provided in the content and is given as a general reference point; the ordinance itself is the primary document.)

Links to Source Pages

• Primary Legal Document: City of Somers Point Ordinance No. 7 of 2023 (PDF) - This is the official, legally binding document for all regulations.
• News Article on Regulation Changes: Somers Point Changes Short-Term Rental Regulations - OCNJ Sentinel - This article provides context for the recent change to the 7-night minimum stay and public commentary on the ordinance.

This guide provides a comprehensive overview for potential STR investors, ensuring they understand the legal, operational, and compliance landscape in Somers Point, NJ.