Bergenfield, NJ Accessory Structures: ADU Rental Restrictions (2026)

25 of Chapter 186, Land Development, does not treat an accessory apartment as an ordinary rental. At the time of initial occupancy, and for at least 10 years afterward, the unit may be rented only to a household that qualifies as low- or moderate-income under COAH and Uniform Housing Affordability Controls (UHAC) rules. Rents must stay affordable to that income tier for the same period, calculated under the standards the Borough's administrative agent applies to its broader affordable housing program. To lock the restriction in permanently against future owners, the Borough requires a recorded deed or declaration of covenants and restrictions on the property, running with the land, that limits the subsequent rental or sale of both the principal dwelling and the accessory unit.

The Borough's designated administrative entity, not the property owner, controls who moves in: it advertises the unit, income-qualifies prospective renters, sets the rent and annual increases, maintains a waiting list, secures certificates of occupancy, and files the deed restriction and monitoring reports under UHAC. An application can be denied only if it fails to conform to COAH's requirements or this section, and any denial must be written with the reasons stated. In exchange for accepting the 10-year restriction, the property owner receives a per-unit construction subsidy of at least $25,000 for a low-income unit or $20,000 for a moderate-income unit, and municipal building permit fees are waived for the accessory apartment.