Occupancy Limits: Freehold vs Red Bank
How do occupancy limits rules compare between Freehold, NJ and Red Bank, NJ?
Freehold has fewer restrictions than Red Bank.
Freehold, NJ
Monmouth County
Freehold Borough has not adopted a stand-alone STR ordinance. Maximum occupancy follows the New Jersey Uniform Construction Code (N.J.A.C. 5:23) habitable-space minimums - 70 sq ft for the first occupant plus 50 sq ft for each additional occupant. All rental units must register annually with the Borough.
View full Freehold rules →Red Bank, NJ
Monmouth County
Red Bank Borough Code Chapter 559 (adopted by Ordinance 2024-23, May 23, 2024) restricts short-term rentals to owner-occupied single-family homes, duplexes, or up to two units in a multifamily building, for stays of no more than 28 consecutive days. The borough does not publish a separate per-bedroom occupancy cap; the unit must comply with the New Jersey Uniform Construction Code habitable-space minimums.
View full Red Bank rules →Key Facts Comparison
| Fact | Freehold | Red Bank |
|---|---|---|
| STR Ordinance | No stand-alone STR ordinance | - |
| Default Standard | N.J.A.C. 5:23 (UCC) | - |
| Bedroom Minimum | 70 sq ft + 50 sq ft per add'l | - |
| Rental Registration | Annual + every change in occupancy | - |
| Inspection Cycle | Every 3 years | - |
| Code Office | 732-462-4903 | - |
| Code | - | Ch. 559 (Ord. 2024-23) |
| Occupancy Type | - | Owner-occupied only |
| Max Stay | - | 28 consecutive days |
| Eligible Buildings | - | SFH, duplex, up to 2 units |
| Per-Bedroom Cap | - | Confirm with Fire Marshal |
| UCC Sleeping Room | - | 70 sq ft + 50 each addtl |
Highlighted rows indicate differences between cities.
Freehold FAQ
Does Freehold Borough cap how many guests can stay in a short-term rental?
Freehold Borough has no STR-specific occupancy cap. Maximum occupancy defaults to the New Jersey Uniform Construction Code minimum habitable-space rule - 70 sq ft for the first occupant plus 50 sq ft per additional occupant. Confirm with the Construction & Code Office at 732-462-4903.
Do I need to register my Airbnb with the Borough?
Yes. Freehold Borough requires all non-owner-occupied rental units to register annually and re-register upon any change in occupancy. Owner-occupied rentals are exempt from registration. Properties are inspected at least once every three years.
Can Freehold Borough ban short-term rentals entirely?
No. Under New Jersey's home-rule statutes and case law, municipalities may register, license, or regulate STRs but generally cannot prohibit them outright in residential zones.
Red Bank FAQ
How many guests can I host in a Red Bank short-term rental?
Red Bank Borough Code Chapter 559 restricts short-term rentals to owner-occupied single-family homes, duplexes, or up to two units in a multifamily building for stays of 28 consecutive days or fewer, but does not publish a fixed per-bedroom occupancy cap. Total occupancy is bounded by the New Jersey Uniform Construction Code habitable-space rules. Confirm the maximum guest count tied to your specific permit with the Red Bank Fire Marshal's Office at 732-530-2700 before advertising the listing.
Can I rent a non-owner-occupied unit short-term in Red Bank?
No. Chapter 559 (adopted by Ordinance 2024-23 on May 23, 2024) limits short-term rentals to owner-occupied premises, where the deed-holder lives at the property and uses it as their legal residence. Pure investor-owned, non-owner-occupied STRs are not permitted, and the rental term cannot exceed 28 consecutive days. Confirm any current change with the Fire Marshal's Office.
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