Occupancy Limits: Elizabeth vs Plainfield
How do occupancy limits rules compare between Elizabeth, NJ and Plainfield, NJ?
Plainfield has fewer restrictions than Elizabeth.
Elizabeth, NJ
Union County
Elizabeth's Chapter 5.90 (Ordinance 5424) requires every short-term rental application to include a floor plan identifying each sleeping room and the number of bedrooms, and conditions the annual STR license on the unit's rental Certificate of Occupancy (CO). The CO and the New Jersey rooming-house and sleeping-room standards in N.J.A.C. 5:10 and the State Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A) set the binding occupant cap, because Elizabeth issues the STR license against the existing residential CO rather than creating a separate higher STR-only headcount.
View full Elizabeth rules βPlainfield, NJ
Union County
Plainfield has no dedicated short-term rental ordinance, so STR headcount is set indirectly. The city's Certificate of Compliance scheme administered by the Division of Inspections requires a CO before any dwelling unit may be leased, occupied, rented, or let, and the CO is issued only when the unit complies with the Plainfield Property Maintenance Code, the Uniform Construction Code (N.J.A.C. 5:23), and the Plainfield Zoning Ordinance (Ch. 17). The unit's lawful residential occupancy on that CO and the New Jersey rooming-house and sleeping-room standards in N.J.A.C. 5:10 (Bureau of Housing Inspection) are what bind STR guest counts.
View full Plainfield rules βKey Facts Comparison
| Fact | Elizabeth | Plainfield |
|---|---|---|
| Local Code | Ch. 5.90 (Ord. 5424) | - |
| Headcount Driver | Tied to existing rental Certificate of Occupancy | Plainfield Certificate of Compliance + zoning |
| STR Floor Plan | Must show every sleeping room and bedroom count | - |
| 5+ Unit Buildings | STR barred unless owner present + association approves | - |
| State Standards | N.J.S.A. 55:13A; N.J.A.C. 5:10 (Bureau of Housing Inspection) | - |
| Issuing Office | Bureau of Central Licensing, 908-820-4182 | Division of Inspections (Director) |
| Local STR Ordinance | - | None identified in Ch. 17 Land Use |
| Compliance Codes Checked | - | Property Maintenance Code, NJ UCC, Zoning Ordinance |
| State Sleeping-Room Rules | - | N.J.A.C. 5:10 (Bureau of Housing Inspection) |
| State Hotel/Dwelling Law | - | N.J.S.A. 55:13A |
| Zoning Contact | - | (908) 226-2578 |
Highlighted rows indicate differences between cities.
Elizabeth FAQ
Does Elizabeth set a fixed two-persons-per-bedroom cap for Airbnbs?
Chapter 5.90 (Ord. 5424) does not publish a numeric persons-per-bedroom cap. Instead, the STR license is issued against the unit's existing rental Certificate of Occupancy and floor plan, and the New Jersey rooming-house and sleeping-room standards in N.J.A.C. 5:10 set the binding minimum room area and occupancy conditions that apply when the city or the Bureau of Housing Inspection inspects.
Can I market additional sleeping spots in a den or basement?
Only rooms shown as sleeping rooms on the floor plan submitted to the Bureau of Central Licensing under Chapter 5.90 and authorized by the rental Certificate of Occupancy can be used for overnight guests. Adding sleeping spots in non-bedroom rooms is not covered by the STR license and can trigger Uniform Construction Code (N.J.A.C. 5:23) and housing inspection violations.
What is the limit in a six-unit condo building?
Under Ordinance 5424, short-term rentals are not permitted in buildings with more than four dwelling units unless the owner is present and the condominium or cooperative association approves. In that situation the practical cap is set by the owner-presence requirement and the unit's CO, not by the STR ordinance creating its own larger headcount.
Plainfield FAQ
Does Plainfield set a fixed two-persons-per-bedroom cap for Airbnbs?
No. Plainfield has not adopted a dedicated STR ordinance with a numeric persons-per-bedroom cap. The binding limit is the lawful occupancy on the unit's Certificate of Compliance plus the New Jersey sleeping-room standards in N.J.A.C. 5:10, which the Division of Inspections checks before issuing or renewing the CO.
Can I market additional sleeping spaces in a finished basement or den?
Not without going through inspections. Any space used for sleeping must be approved on the Certificate of Compliance and meet New Jersey housing standards in N.J.A.C. 5:10 plus the Uniform Construction Code (N.J.A.C. 5:23). Adding sleeping spots in non-bedroom rooms can lead to a denied or revoked CO and code-enforcement action.
Who do I contact about STR occupancy in Plainfield?
The Division of Inspections issues the Certificate of Compliance that controls lawful occupancy, and the Zoning Division at (908) 226-2578 handles zoning use questions, since Chapter 17 (Land Use) does not currently have a dedicated short-term rental section.
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