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Linden, NJ Hotels & Lodging: Transient Occupancy Tax (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Tax rate
3% since July 1, 2004
Earlier rate
1% from July 1, 2003 to June 30, 2004
Enabling law
P.L. 2003, c. 114
Stacks with
State sales tax under N.J.S.A. 54:32B-3
Max fine for vendor violation
$1,250 or 90 days, or both
Notice requirement
Copy sent to State Treasurer and every hotel

Summary

Linden imposes a 3% Hotel and Motel Room Occupancy Tax on every hotel and motel room rental in the city under City Code § 23-2, adopted pursuant to P.L. 2003, c. 114. The tax applies on top of the state sales tax and any other tax or fee already charged on the room, and the vendor collecting rent must collect and remit it.

There is hereby established a Hotel and Motel Room Occupancy Tax in the City of Linden which shall be fixed at a uniform percentage rate of one (1%) percent on charges of rent for every occupancy of a hotel or motel room in the City of Linden on or after July 1, 2003, but before July 1, 2004, and three (3%) percent on charges of rent for every occupancy of a hotel or motel room in the City of Linden on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4586096; v16 updated 2025-12-16; through 12-16-2025).

Full Breakdown

L. 2003, c. 114, which lets a New Jersey municipality tax hotel and motel room rent at a uniform rate. A. 54:32B-3. Under § 23-3, the City tax stacks on top of any other tax or fee any governmental entity already imposes on the hotel room, so it is additional to, not a substitute for, the state's own sales tax on the room. Section 23-4 exempts rent paid by a purchaser, user or consumer who is itself exempt from sales tax under the Sales and Use Tax Act, tracking the state exemption rather than creating a separate local one.

Section 23-6 places collection responsibility on whoever collects the rent from the hotel or motel guest: that person is personally liable for the tax collected or required to be collected, has the same right to collect it from the customer as if it were part of the rent, and the City's Chief Financial Officer must be joined as a party in any court action to collect an unpaid tax. Section 23-5 bars a vendor from absorbing or assuming the tax on the customer's behalf, from advertising that the tax will not be separately charged, and from promising to refund it; every day a prohibited representation continues is a separate offense. A copy of Chapter 23 must be sent to the State Treasurer and to every hotel or motel located in Linden under § 23-7.

Violations & Fines

A vendor who absorbs the tax, advertises that it will not be charged, or promises to refund it violates § 23-5, with each day the representation continues counting as a separate offense. Any violation of Chapter 23 carries a fine of up to $1,250, up to ninety days imprisonment, or both, under § 23-5(e).

Frequently Asked Questions

What is Linden's hotel occupancy tax rate?
It is 3% of the room rent, in effect since July 1, 2004, under City Code § 23-2. An earlier 1% rate applied for the first year after the tax took effect, from July 1, 2003 through June 30, 2004, and the tax is charged in addition to the state sales tax on the room.
Is the hotel tax on top of New Jersey sales tax?
Yes. City Code § 23-3 makes the Hotel and Motel Room Occupancy Tax additional to any other tax or fee any governmental entity already imposes on the room, including the state sales tax that applies to hotel rooms under N.J.S.A. 54:32B-3.
Can a hotel just absorb the tax instead of charging guests?
No. City Code § 23-5 bars a vendor from assuming or absorbing the tax, from advertising that it will not be separately charged, or from promising a refund of it. Each day a prohibited representation continues is treated as its own separate offense under the chapter.

Sources & Official References

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