Newark Chapter 41:6 prohibits ADUs from being used as short-term rentals and imposes a minimum six-month lease term. The ADU is also subject to Newark's rental registration regime under Chapter 18:17 and the citywide rent-control ordinance.
Newark's ADU regulations in Chapter 41:6 (Conditional Use Standards) impose two rental restrictions that operate alongside the owner-occupancy requirement. First, an ADU shall not be used for short-term rental - meaning it is ineligible for the Newark Short-Term Rental Permit program in Chapter 18:14, which otherwise allows STRs only in owner-occupied multi-family buildings or up to two rooms of a single-family home. Second, the minimum lease duration for any ADU rental is six months, eliminating month-to-month and seasonal letting. If the owner rents the ADU on long-term terms (six months or more), the rental is subject to (a) Chapter 18:17 Rental Property Registration, requiring a city rental permit and unit inspection, and (b) Newark's longstanding Title 26 Rent Control Ordinance, which caps annual rent increases for most non-luxury units. The ADU also remains subject to state-level Truth-in-Renting (N.J.S.A. 46:8-43 et seq.) and the NJ DCA Bureau of Housing Inspection registration where applicable. Listing the ADU on Airbnb, VRBO, or any platform for stays under 28 days is a violation that can be enforced by both the Zoning Officer and the Department of Engineering's STR enforcement unit.
Listing an ADU as a short-term rental violates Ch. 41:6 and Ch. 18:14, exposing the owner to STR permit-revocation actions, daily fines, and loss of conditional-use status. Failure to register a long-term ADU rental under Ch. 18:17 results in additional fines and inability to file an eviction action under N.J.S.A. 2A:18-61.6.
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