West New York, NJ Short-Term Rentals: Host Platform Liability (2026)

Chapter 380A defines HOSTING PLATFORM in § 380A-1 as a marketplace in whatever form or format that facilitates the vacation rental through advertising, matchmaking or any other means, using any medium of facilitation, and from which the operator derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace. The test is functional: a marketplace that facilitates the vacation rental and earns booking fees or advertising revenues from providing or maintaining it.

Section 380A-2 then lists six verbs: undertake, maintain, authorize, aid, facilitate or advertise. A platform that only advertises a noncompliant listing is inside the rule. The standard is a vacation rental activity that does not comply with the Code, meaning a rental to a person for exclusive transient use of 30 consecutive days or less in a unit approved only for permanent residential occupancy, other than Town-approved hotels, motels and bed-and-breakfasts.

Section 380A-3(A) adds a second layer: the Board of Commissioners can promulgate regulations that include advertising restrictions and disclosure requirements, and no person can fail to comply with them. The chapter as printed sets no registration number, takedown or data-sharing procedure for platforms, so those duties depend on any regulations the Board adopts.

Enforcement runs through § 380A-4. The Police Department, Code Enforcement Official or Health Officer can issue a Municipal Court summons. Liability attaches without regard to intent or knowledge. A person convicted in a criminal case, or found in violation in a civil case brought by a law enforcement agency, must reimburse the Town and other participating agencies their full investigative costs and remit all illegally obtained rental revenue to the Town.