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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Defining section
Howell Township Code § 188-4, multigenerational family accommodations
Required agreement
Recorded with the Monmouth County Clerk, naming permitted occupants
Entrances
Door to main residence required; two front doors strictly prohibited
Accessory apartment lot minimum
20,000 square feet under § 188-178(H)
Affordability term
Low- or moderate-income tenants for at least 10 years
Owner occupancy
Primary unit must be occupied by the lot owner

Summary

Howell Township Code § 188-4 treats a multigenerational family accommodation, the so-called mother-daughter apartment, as an accessory apartment. The owner must sign an agreement, recorded with the Monmouth County Clerk, naming the persons allowed to live there and promising to remove kitchen appliances when they leave. Two front doors are strictly prohibited.

MULTIGENERATIONAL FAMILY ACCOMMODATIONS A dwelling area similar to those sometimes called a "mother-daughter apartment," serving as secondary living space for a relative or relatives. The multigenerational family accommodation shall be connected with a door to the remainder of the residence and may have separate kitchen appliances installed pursuant to codes. The multigenerational family accommodation must have access to the main entrance of the house, but is also permitted to have an entrance/exit to the side or rear of the structure. Two front doors are strictly prohibited. The multigenerational family accommodation shall be considered as an accessory apartment. The property owner must enter into an agreement with the Township of Howell to be recorded with the office of the Monmouth County Clerk, specifying the persons permitted to occupy the accessory apartment and agreeing to remove all kitchen appliances when the named parties no longer reside there.

Full Breakdown

Howell Township has no free-standing rental ADU category. Section 188-4 defines MULTIGENERATIONAL FAMILY ACCOMMODATIONS as a dwelling area serving as secondary living space for a relative or relatives. It must connect by a door to the rest of the residence, can have separate kitchen appliances installed pursuant to codes, and must have access to the main entrance of the house, with an optional side or rear entrance. The use is a permitted principal use in the Agricultural Rural Estate Zones under § 188-69(B)(1)(e), and the same wording appears in the permitted-use lists of other zone sections of Chapter 188.

The rental limit sits in the recorded agreement: it names the persons permitted to occupy the space, so it is not open to general tenants, and the owner agrees to remove all kitchen appliances when the named parties no longer reside there. A separate regime applies to true accessory apartments in single-family homes under § 188-178(H), part of the Township's Mount Laurel affordable-housing rules. It is a special use permit issued by the Township Planning Board. The primary unit must be owner-occupied, the apartment needs at least 400 square feet of net floor area and is limited to two bedrooms, and the lot cannot be smaller than 20,000 square feet.

The unit must be available to low- or moderate-income tenants for at least 10 years under a recorded deed restriction, rent excluding utilities cannot exceed 30% of gross monthly income, and no owner can rent to anyone not certified eligible by the administering agency. Construction needs a building permit and certificate of occupancy under the Uniform Construction Code.

Violations & Fines

The code text read for this page prints no separate fine for these terms. Section 188-178(H) states that no owner shall rent an accessory apartment to anyone who has not been certified eligible by the administering agency, and the multigenerational definition requires the owner to remove all kitchen appliances when the named parties no longer reside in the space. Construction without a building permit and certificate of occupancy falls outside the stated requirements.

Frequently Asked Questions

Can I rent a mother-daughter apartment in Howell Township to anyone?
No. Under § 188-4 the owner must sign an agreement with the Township, recorded with the Monmouth County Clerk, specifying the persons permitted to occupy the space. The space serves a relative or relatives, and the owner agrees to remove all kitchen appliances when the named parties no longer live there.
Is a multigenerational accommodation treated as an accessory apartment?
Yes. Section 188-4 says a multigenerational family accommodation shall be considered as an accessory apartment. It must connect by a door to the rest of the house and have access to the main entrance, and two front doors are strictly prohibited.
What are the size and lot rules for accessory apartments?
Section 188-178(H) requires at least 400 square feet of net floor area, caps the unit at two bedrooms, and does not permit accessory apartments on lots under 20,000 square feet. For a house under 3,000 square feet the unit is limited to 40% of the house or 1,000 square feet, whichever is less.
Who can rent an accessory apartment under the Township rules?
Only low- or moderate-income households certified eligible by the administering agency. The unit must stay available to those tenants for at least 10 years, and rent excluding utilities cannot exceed 30% of the household's gross monthly income. The owner must also live in the primary unit.
Do I need a permit to build an accessory apartment in Howell Township?
Yes, two approvals apply. The Township Planning Board issues a special use permit under § 188-178(H), and construction or modification must follow the Uniform Construction Code of New Jersey, including a building permit and certificate of occupancy. The home must be served by water and sewer facilities.

Sources & Official References

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