The people’s business being done on May 9, 2024. (Photo by Brian Donohue. Click to enlarge.)
By BRIAN DONOHUE
A push to revamp a controversial ordinance governing short term, Airbnb-style home rentals was met with a mix of skepticism and support as further details of the new law emerged at the Bough Council meeting Thursday.
The council voted unanimously to introduce an ordinance that would once again allow more homeowners to rent out their home – as long as they’re actually living there themselves.
(A Red Bank listing on Airbnb.com.)
It revamps the ordinance passed by a previous council 15 months ago that all but banned the practice by limiting to mixed-use zones only.
It also adds the requirement that operators first obtain a license from the borough to operate a so-called Airbnb-style rental.
As under the current ordinance, absentee investors, or anyone not living full time in the home they are renting, will not be allowed to operate.
Language in the law has also been clarified to fix a problem in which “clever attorneys” hired by landlords were getting summonses dismissed in municipal court, leaving the law largely toothless.
“Code (enforcement) was having trouble enforcing this,’’ Borough Attorney Greg Cannon said. “People were using the grey areas when they got to court as a loophole.”
Violators of the ordinance would pay a $2500 per day fine. Their license can be revoked after two violations.
The license provision drew praise from resident Matt Taetsch, who commented remotely.
“I think the smartest thing is to introduce a licensing procedure,” he said.
But other residents who live near currently operating short term rentals seemed wary of any law that still allows them at all.
One Oakland Street resident who said she lives near a short term rental questioned how the residency requirement would be enforced against an owner she said already has been the subject of several complaints.
“It’s a quality of life issue where there’s parties on a Wednesday night and you’re telling people to please be quiet and they’re screaming at you,” said the resident, who identified herself as Michelle.
John Yurish, who also lives near a short term rental, called them “a great risk to the fabric of neighborhoods.”
“I just don’t understand why for the good of a few many of us have to suffer,’’ he said.
Cannon and council members cited several reasons why they steered clear of an all-out ban.
Mayor Billy Portman cited testimony from residents last year who said they rely on renting out a room in their residence to make mortgage or tax payments. He also cited the need for affordable housing for traveling nurses or performers at local playhouses.
Cannon cited another reason officials are not seeking a total ban: it might not be legal.
He noted courts have ruled against such laws in other towns where they have been put in place.
“Owner occupied is the most stringent ordinance out there that hasn’t been struck down,” he said. The ordinance is slated for a public hearing and final vote at the next council meeting May 23.
In other business the council:
- Passed a 2024 Municipal budget that increases spending on services by just under three percent. The owner of an average-priced home in Red Bank will pay about $104 more in taxes to support town services this year, with the average property tax bill pushing past the $10,000 mark for the first time.
- Discussed or “workshopped” a proposed ordinance to crack down on large trucks being parked on borough streets over night. The subject of frequent complaints from residents, officials are seeking a way to curtail the problem while not hurting landscapers, contractors and other workers who need them for work. The current draft ordinance would allow commercial vehicles but not if they are over 10,000 pounds. Council members also decided to reach out to churches and other property owners with unused lots where contractors might be able to park. No ordinance was introduced and the matter was slated for further discussion.
- Heard a report by Jaclyn Flor, CEO of borough contractor Engenuity Infrastructure on the town’s massive effort to replace lead water lines leading to residents’ homes. The first phase of digging 1,000 test pits on the west side has been completed, with nearly 50 percent – far higher than expected – revealing lead lines on the property. About 350 have been replaced and the project is moving towards phase two in the eastern portions of town.
- Gave final, unanimous approval to an ordinance that makes it easier for residents to raise chickens in their backyard. (Also, bantam hens, mixed bantam hens, pigeon, duck, drake, goose, gander, and guinea hens, apparently. Just no roosters.) Read more about it here.
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