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Short-Term Rentals

How Bergenfield Handles Short-Term Rentals: A Practical Guide

By CityRuleLookup Editorial Team

If you live in Bergenfield or are thinking about moving there, short-term rentals are one of those things you probably won't think about until they affect you directly. Bergenfield has 5 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Taxes & Fees

Bergenfield prohibits short-term rentals of 30 days or less for consideration under Borough Code Chapter 239, Article III (Ordinance 18-2533, adopted September 4, 2018), so the Borough does not issue STR permits and charges no STR-specific local registration or occupancy fee. Because such rentals are unlawful at the local level, the New Jersey state tax framework for transient accommodations under N.J.S.A. 54:32D and the Sales and Use Tax Act has no lawful application to a Bergenfield short-term rental, and any operator collecting consideration is in violation of the Borough Code regardless of state-tax registration.

Key details: Local Status: Short-term rentals under 30 days for consideration are PROHIBITED. Governing Code: Bergenfield Code Ch. 239, Art. III (Ord. 18-2533, 9/4/2018). Local STR Permit Fee: None - no permit program (use is banned). Local Occupancy Tax: None imposed by the Borough. NJ State Sales Tax (transient): 6.625% under N.J.S.A. 54:32B-3 (where lawful).

Section 239-15 and Chapter 239 generally authorize fines for violation of the rental-property chapter. Bergenfield's rental-property penalty framework provides for fines of not less than $500 and up to $1,200 for a first offense, with reductions available where the violation is corrected within 10 days of discovery, plus daily continuing-violation penalties and possible Municipal Court action. Hosts, agents, and any person who solicits or accepts consideration for an unlawful short-term rental can be cited.

Compared to other cities, Bergenfield takes a harder line on taxes & fees. The enforcement and penalty structure reflects that.

Noise Rules

Because Bergenfield bans short-term rentals of 30 days or less under Chapter 239, Article III (Ordinance 18-2533), there are no STR-specific noise standards or quiet hours. If a rental is being operated unlawfully, any noise complaint is enforced under Bergenfield Code Chapter 215 (Noise), originally adopted March 13, 2001 by Ordinance 2275, which prohibits excessive or unusually loud noise and noise disturbances within the Borough, and the underlying use itself remains unlawful regardless of how quiet the occupants are.

Key details: STR-Specific Quiet Hours: None - STRs are banned outright. General Noise Code: Bergenfield Code Ch. 215 (Ord. 2275, 3/13/2001). Standard Prohibited: Excessive, unusually loud, or disturbing noise. State Framework: NJ Noise Control Act, N.J.S.A. 13:1G-1; N.J.A.C. 7:29. Underlying Use: Operating a <=30-day rental for consideration is itself a Ch. 239 violation.

An unlawful short-term rental can draw two parallel citations: a Chapter 239 violation for the rental use itself (fines starting at $500 with continuing-day penalties), and a Chapter 215 citation for any noise disturbance, with penalties set by the Borough's general penalty provisions and Municipal Court. Repeated noise disturbances can also support a public-nuisance abatement action and may be reported to the New Jersey DEP for evaluation under N.J.A.C. 7:29 where applicable.

This is not one of those rules that cities tend to ignore. Bergenfield actively enforces its noise rules requirements.

Parking Rules

Bergenfield does not have STR-specific parking standards because Chapter 239, Article III (Ordinance 18-2533) bars short-term rentals of 30 days or less for consideration. Any vehicles associated with an unlawful rental remain subject to the Borough's standard residential parking rules in Chapter 299 (Vehicles and Traffic) and the residential off-street parking requirements in the Borough's land use ordinance, with no carve-out and no extra guest-parking allowance for paid transient occupants.

Key details: STR-Specific Parking Standard: None - STRs are banned. On-Street Parking Code: Bergenfield Code Ch. 299 (Vehicles and Traffic). State Parking Framework: N.J.S.A. 39:4-1 et seq. (Title 39). Off-Street Requirement: Set by Borough land use ordinance for the principal residential use. Guest Vehicle Carve-Out: None for paid transient guests.

Parking citations are issued under Chapter 299 and N.J. Title 39 with statutory fines that vary by violation. Operators of an unlawful short-term rental face independent enforcement under Chapter 239, Article III with fines starting at $500 and continuing-violation penalties; running an unlawful STR does not create any defense to a parking citation, and a parking pattern that signals unpermitted commercial transient use can prompt a Code Enforcement investigation.

This is not one of those rules that cities tend to ignore. Bergenfield actively enforces its parking rules requirements.

Permit Requirements

Bergenfield prohibits short-term rentals of 30 days or less under Chapter 239, Article III. No permit pathway exists for Airbnb-style transient lodging in the Borough.

Key details: Code section: Chapter 239, Article III. Adopting ordinance: Ord. 18-2533 (2018). Minimum rental term: More than 30 days. Maximum penalty: $1,250 per day.

Each day of unlawful short-term rental use is a separate violation, with civil penalties up to $1,250 per violation, plus injunction, attorney's fees, and zoning enforcement.

Compared to other cities, Bergenfield takes a harder line on permit requirements. The enforcement and penalty structure reflects that.

Occupancy Limits

Bergenfield law forbids paid occupancy of any dwelling for 30 days or less. The Borough effectively sets a 31-day minimum tenancy through its STR prohibition.

Key details: Minimum rental duration: More than 30 days. Allowed unpaid stays: House guests of owner. Code section: Chapter 239, Article III. Per-day penalty: Up to $1,250.

Charging or accepting any rent for a stay of 30 days or less subjects the owner to a civil penalty up to $1,250 per day, plus injunctive relief and additional remedies.

This is one of the stricter rules in Bergenfield's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Bergenfield is tougher than many cities when it comes to short-term rentals. Out of the 5 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in Bergenfield, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Bergenfield's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.