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

The rental limit comes from the deed restriction agreement required by Wayne Township Code § 134-30.4. The agreement must state that the detached dwelling is occupied and used as a single-family dwelling unit and structure. It must state that the owner will not convert the dwelling for use and occupancy as a semi-detached dwelling or a multi-family or multiple-family dwelling. And it must state that the owner can offer for rent the entire detached dwelling but cannot rent a portion of it. So a second kitchen does not create a rentable apartment: the only lawful lease is of the whole house. The agreement between the applicant and the Township runs with the land and binds the parties, their heirs, successors and assigns, and the application is submitted to the Business Administrator for review and approval.

Section 134-28.1.I and J back the limit by prohibiting boarding houses and rooming houses in all districts, which closes the route of renting individual rooms. Chapter 100 adds a checkpoint at turnover: no residential premises can change tenancy, use or ownership unless the Enforcement Officer has issued a certificate of continued occupancy, with a carve-out for changes between spouses, parent and child, or siblings only. Multiple-family dwellings are excluded from that chapter and are regulated by Chapter 99. If the inspection under § 100-4 finds a second kitchen with no prior approvals, § 100-7.1 requires the deed restriction agreement, recorded in the Passaic County Register's Office, and a filing fee set in Chapter 75, with the certificate withheld until all fees are paid. Under § 100-2.1, a homeowner's or purchaser's agreement accepted by the Enforcement Officer lets a property close or be occupied for no more than 60 days while violations are abated.