Toms River, NJ Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Tenant income limit
- Low- or moderate-income household
- Minimum restriction period
- 10 years from C.O.
- Rent standard
- N.J.A.C. 5:97-6.8(c)1 affordability
- Governing section
- Code § 348-11.4C
Summary
Toms River Township requires affordable accessory apartments to be rented only to low- or moderate-income households, and that income restriction must continue for at least 10 years after the certificate of occupancy issues.
The affordable accessory apartment shall be rented only to a household which is either a low- or moderate-income household at the time of initial occupancy of the unit.
(3) The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to low- or moderate-income households.
(4) Rents of affordable accessory apartments shall be affordable to low- or moderate-income households in accordance with the applicable provisions as stated in N.J.A.C. 5:97-6.8(c)1.
(5) The maximum number of affordable accessory apartments to be developed in the Township under the provisions of this section shall be 10.
(6) There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections C and D.
(7) The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.
(8)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).
Full Breakdown
Under § 348-11.4C, an affordable accessory apartment must be rented only to a low- or moderate-income household at initial occupancy, and that income restriction runs for a minimum of 10 years from the date the certificate of occupancy is issued. Rents must stay affordable under N.J.A.C. 5:97-6.8(c)1, and the Township's AH administrator screens and qualifies tenants, sets rents, and monitors compliance for the life of the restriction.
Violations & Fines
Renting an affordable accessory apartment to a household that is not income-qualified, or ending the income restriction before the 10-year minimum, violates § 348-11.4C and can trigger loss of subsidy and enforcement action.
Frequently Asked Questions
Can I rent the apartment to any tenant I choose?
How long does the rent restriction last?
Sources & Official References
Other rules in Toms River
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