Jersey City, NJ Accessory Structures: ADU Owner Occupancy (2026)

Jersey City's Code Chapter 345 ADU provisions establish a one-ADU-per-lot rule and require ADUs to be detached from the principal structure, but the zoning standards do not contain an explicit owner-occupancy mandate for long-term ADU rentals - both the principal dwelling and the ADU may be leased long-term to non-owner tenants in most circumstances. New Jersey state law (N.J.S.A. 52:27D-304 et seq., as amended) defines ADUs and does not impose a statewide owner-occupancy requirement; it explicitly allows HOAs to impose design and landscaping conditions but not effectively prohibit ADUs. Short-term rental owner-occupancy: Code Chapter 255 (Short-Term Rentals), adopted after the 2019 voter referendum, requires the property owner (not a tenant) to apply for the STR permit; rental arbitrage is prohibited. STR permits in non-owner-occupied properties are subject to a 60-day-per-year cap, while owner-occupied STRs are not capped. The ADU and principal dwelling must remain under common ownership; the lot cannot be subdivided to convey them separately. Co-op and condominium master deeds frequently restrict subleasing and short-term rentals; these private restrictions are enforceable in NJ Superior Court. HOA covenants in private subdivisions add additional independent restrictions.