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Manalapan officials act to prohibit short-term rental of residential units

MANALAPAN – The Township Committee has introduced an ordinance that would, if adopted, prohibit the short-term rental of residential property in Manalapan.

The ordinance was introduced on Aug. 22 and a public hearing has been scheduled for 8 p.m. Sept. 12 at the municipal building. Residents will have the opportunity to comment on the proposed ordinance at that time. Committee members may adopt the ordinance following the public hearing.

Mayor Jack McNaboe, Deputy Mayor Susan Cohen, Committeewoman Mary Ann Musich and Committeeman Kevin Uniglicht voted “yes” on a motion to introduce the ordinance. Committeeman David Kane voted “no” on the motion.

Asked for a comment regarding his vote, Kane said, “The entire Township Committee agrees on the need to ban short-term leases to prevent vacation rentals in Manalapan. The disagreement is relatively minor and relates only to the minimum length of a permissible lease.

“The ordinance proposes 175 days, which effectively means no lease can be shorter than six months. I’m concerned that banning month-to-month leases will hurt residents who need such rentals during short-term home repairs or similar situations, as well as residents who cannot afford the financial requirements typically required by a long-term lease (like first and last month rent and a security deposit). I would prefer a minimum lease term of one month, which I believe prevents vacation rentals without adding further hardship,” Kane said.

The ordinance as introduced states that “in recent years, there has arisen a proliferation of internet and other media advertising dedicated to the rental of dwelling units for short terms and for a period of less than 175 consecutive days.”

The proposed law goes on to state that “short-term rentals frequently result in public nuisance, noise complaints, sanitation issues, overcrowding and illegal parking within residential neighborhoods, and essentially convert residential units into illegal de facto hotels, motels, boarding houses and other commercial enterprises, in violation of the township’s zoning …”

The Township Committee “finds that the short-term rental of residential units and residential property should be prohibited in order to prevent (those conditions),” according to the ordinance.

The ordinance states it will be “unlawful for an owner, lessor, sub-lessor, any other person or entity with possessory right in a dwelling unit … to receive or obtain actual or anticipated consideration for advertising, offering, and/or permitting … the use or occupancy of any dwelling unit or of any residential property … for a period of less than 175 consecutive days.”

Township Attorney Roger McLaughlin explained that the ordinance “addresses issues and problems that have arisen with short-term rentals in Manalapan and elsewhere. This would apply to Airbnb daily and weekly rentals. The ordinance would put that prohibition in place as part of our municipal code.”

McLaughlin said the ordinance, if adopted, would not apply to the members of a family who are paying rent to live in another family member’s Manalapan residence.

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