Occupancy Limits: Brick vs Holiday City-Berkeley
How do occupancy limits rules compare between Brick, NJ and Holiday City-Berkeley, NJ?
Brick and Holiday City-Berkeley have similar restriction levels.
Brick, NJ
Ocean County
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.
View full Brick rules →Holiday City-Berkeley, NJ
Ocean County
Ocean County shore STR occupancy capped locally. Seaside Heights: max 10 occupants, 1 vehicle per 4 occupants. Point Pleasant Beach: 7-day minimum stays. Toms River, Brick, and LBI towns set per-bedroom limits.
View full Holiday City-Berkeley rules →Key Facts Comparison
| Fact | Brick | Holiday City-Berkeley |
|---|---|---|
| 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) | - |
| STR Pre-Tenant CofO | Valid 60 days; tenants must be registered within 10 days | - |
| Max Fine | $1,000/day (N.J.S.A. 40:49-5) | - |
| Seaside Hts Cap | - | 10 occupants max |
| Point Pleasant | - | 7-day minimum |
| LBI Formula | - | 2/bedroom + 2 |
| Age Rule | - | 21+ spring in Seaside |
Highlighted rows indicate differences between cities.
Brick FAQ
How many guests can sleep in a Brick Township short-term rental?
There is no fixed guests-per-bedroom number in Chapter 239. The Construction Code Official sets the occupancy limit on the Rental Certificate of Occupancy based on the square-footage of each bedroom, applying the NJ State Housing Code (N.J.A.C. 5:28) minimum of 70 sq ft for one occupant plus 50 sq ft for each additional occupant in a sleeping room.
Where is the occupancy number listed?
On the Rental Certificate of Occupancy issued by the Construction Code Official under Chapter 169, Article II. The owner must submit room square-footage and tenant information; the issued certificate establishes the occupancy limit.
Does this apply on the Brick barrier island?
Yes. Even on the barrier island, where 7-day minimum rentals are permitted from May 15 through October 15, every rental requires a Certificate of Occupancy and the occupancy limit on that certificate controls.
Holiday City-Berkeley FAQ
Who enforces occupancy limits rules in Ocean County?
Ocean County's code enforcement division is responsible for short term-rentals ordinances. You can report violations or request information through the Ocean County government website or by calling the main municipal line.
What are typical penalties for violating occupancy limits rules?
Most Ocean County short term-rentals violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Ocean County's municipal code or staff for the current penalty schedule.
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