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Short-Term Rentals

Short-Term Rentals in Brick, NJ: What Residents Actually Need to Know

By CityRuleLookup Editorial Team

If you live in Brick 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. Brick has 6 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Insurance Requirements

Brick Township Chapter 239 (Short-Term Rentals, Ord. No. 21-20) does not specify a numeric liability-insurance amount that an STR operator must carry. New Jersey state law does not impose a statutory minimum STR liability policy either; instead, N.J.S.A. 40:48-2.12s requires every owner of a non-owner-occupied rental dwelling to maintain liability insurance of at least $500,000 for bodily injury, death, and property damage, and to register that coverage with the municipal clerk. That statewide minimum, not Chapter 239, sets the operative insurance floor for lawful seasonal barrier-island rentals.

Key details: Local Numeric Requirement: None specified in Ch. 239. State Minimum: $500,000 liability (N.J.S.A. 40:48-2.12s). Filed With: Brick Township Clerk (annual). Owner-Occupied 2-3 Family: Exempt from the state requirement. Homeowners Policy: Typically excludes STR use - rider needed.

Failure to maintain and register the $500,000 liability policy is a violation of N.J.S.A. 40:48-2.12s and may carry a fine of not less than $500 nor more than $5,000, as well as separate enforcement under Chapter 239 (up to $1,000/day fines under N.J.S.A. 40:49-5) and possible revocation of the Township business license.

Occupancy Limits

Brick Township does not set a numeric guests-per-bedroom cap in Chapter 239 (Short-Term Rentals). Instead, the Construction Code Official establishes the occupancy limit on the rental Certificate of Occupancy issued under Chapter 169 (Housing Standards) before any rental begins, applying the New Jersey State Housing Code (N.J.A.C. 5:28) minimum sleeping-room and habitable-space standards. Because Chapter 239 (Ord. No. 21-20, Nov. 10, 2020) bans rentals under 30 days off the barrier island and limits barrier-island rentals to a 7-day minimum during May 15 - October 15, occupancy figures only apply to lawful seasonal rentals.

Key details: Numeric Cap in Code: None - set on each Rental CofO. Issuing Authority: Construction Code Official. Governing Chapter: Ch. 169 (Housing Standards), Art. II. State Standard Applied: N.J.A.C. 5:28 (NJ Housing Code). Sleeping Room Minimum: 70 sq ft for 1, +50 sq ft per add'l occupant (N.J.A.C. 5:28).

Renting in excess of the Certificate of Occupancy limits, or renting without a Certificate, is enforced by Code Enforcement and the Construction Code Official. Chapter 239 violations carry fines up to $1,000 per day under N.J.S.A. 40:49-5, with each day a separate offense, plus possible revocation of the rental license. Housing Standards violations under Chapter 169 may result in additional municipal-court penalties and stop-rental orders.

Compared to other cities, Brick takes a harder line on occupancy limits. The enforcement and penalty structure reflects that.

Noise Rules

Short-term rental tenants on the barrier island must comply with Brick Township's general noise ordinance. Construction and loading activities are prohibited between 6 PM and 7 AM. Property owners bear responsibility for tenant conduct.

Key details: Quiet Hours: 6 PM – 7 AM. Owner Responsibility: Yes, for tenant conduct. State Noise Code: 65 dBA day / 50 dBA night. Enforcement: Code Enforcement & Police.

STR violations: up to $1,000/day. Noise violations: up to $2,000 or 90 days imprisonment. License revocation possible for repeat offenders.

Taxes & Fees

Brick Township charges a $250 annual business license fee for short-term rental operators. NJ sales tax of 6.625% applies to transient accommodations. Municipalities may impose an additional occupancy tax of up to 3% under N.J.S.A. 40:48F-1.

Key details: Business License: $250/year. NJ Sales Tax: 6.625% on transient stays. Municipal Tax: Up to 3% (N.J.S.A. 40:48F-1). Rental Certificate: Required with inspection.

Operating without a business license or registration is a separate violation. Fines up to $1,000/day.

Parking Rules

STR tenants must comply with Brick Township's general parking rules. Parking on front lawns is prohibited. Unregistered vehicles may not be parked on residential property outside an enclosed garage. Trailers and RVs have specific restrictions in residential zones.

Key details: Lawn Parking: Prohibited (§ 267-8). Unregistered Vehicles: Must be garaged. Trailers in Residential: No storage permitted. Enforcement: Complaint-driven.

Front lawn parking violations are generally complaint-driven. General penalty: fines up to $2,000.

Permit Requirements

Brick Township adopted Ordinance No. 21-20 in November 2020 banning short-term rentals under 30 days, with a barrier island exception allowing minimum 7-day rentals from May 15 through October 15. Registration with the Township Clerk and a $250/year business license are required.

Key details: Code Section: Chapter 239 (Ord. No. 21-20). General Rule: No rentals under 30 days. Barrier Island: 7+ day rentals, May 15 – Oct 15. Business License: $250/year. Fine: Up to $1,000/day.

Fines up to $1,000 per day under N.J.S.A. 40:49-5. Each day a violation persists is a separate offense. The Township may revoke the short-term rental license. Enforced by Code Enforcement and Police.

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

The Bottom Line

Brick is tougher than many cities when it comes to short-term rentals. Out of the 6 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Brick, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Brick's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.