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East Brunswick, NJ Short-Term Rentals: Host Presence Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Principal residence test
Majority of non-working time, domestic center, license or ID address
Single-family home
One owner must identify it as principal residence
Multifamily building
One unit only, with owner living in another unit
Non-owner-occupied cap
90 total nights per calendar year
Annual permit fee
$250, nonrefundable
First offense fine
$250 per day

Summary

In East Brunswick Township, short-term rentals are allowed only where an owner legally identifies the address as his or her principal residence. Two-family and multifamily owners can rent one unit while living in another unit, and a single-family owner can rent one room while living in the rest of the dwelling.

B. Short-term rentals shall be permitted to be conducted in the following classifications of property in the Township of East Brunswick, and only within the limitations imposed herein: ... (2) Individually or collectively owned single-family residences, which one of the owners legally identifies as the address of his or her principal residence; and (3) One unit within a two-family residential dwelling, where the other unit is occupied by the owner and legally identified by the owner as his or her principal residence; and (4) No more than one unit in any multifamily residential dwelling, where one other unit in the same dwelling is occupied by the owner and legally identified by the owner as his or her principal residence, as that term is defined herein; and (5) No more than one room within a single-family residential dwelling unit, where the room shares common kitchen and bathroom facilities with the occupant of the dwelling unit, and the remainder of the single-family dwelling unit is occupied by the owner and is legally identified by the owner as his or her principal residence, as that term is defined herein.

Full Breakdown

Chapter 182 of the Township Code, adopted by the Township Council as Ord. No. 20-20 and amended by Ord. No. 25-34 on 10-13-2025, ties every permitted short-term rental to an owner who lives there. Section 182-3(B) lists the allowed classes: condominium units where the association bylaws or master deed permit rentals and the owner identifies the address as a principal residence; single-family residences where one owner does; one unit in a two-family dwelling where the owner occupies the other; no more than one unit in a multifamily dwelling where the owner occupies another; and no more than one room in a single-family home sharing kitchen and bathroom, with the owner living in the rest. Section 182-3(C) prohibits the mirror cases, and also prohibits rental of swimming pools or any other accessory structure or part of the land.

Under § 182-2, owner-occupied means the owner resides in the rental property or in the principal residential unit on the same lot and identifies it as a principal residence. If an entity owns the property, at least one principal or member must live there. Principal residence is a three-part test, all required: the owner spends the majority of non-working time there, it is most clearly the center of domestic life, and it is the legal address on the driver's license or State Identification Card. The application includes a copy of that license or ID and a sworn acknowledgement (§ 182-5(A)).

Owner-occupied rentals are exempt from the night cap in § 182-3(E): every other dwelling unit can be rented no more than 90 total nights per calendar year, and each night over is a separate violation. A tenant cannot sublet or operate a short-term rental under § 182-7(K). The permit comes from the Department of Planning & Engineering, costs $250 a year under § 182-4, and the owner, agent or responsible party must be reachable 24 hours a day and respond to complaints within two hours (§ 182-7(H)).

Violations & Fines

Fines under § 182-10 are $250 per day for each day in violation for a first offense, $1,000 per day with a mandatory court appearance for a second, and $2,000 per day with a mandatory court appearance for each subsequent offense. Two or more substantiated complaints let the Business Administrator revoke the permit, with no new application for one year (§ 182-7(I)). Renting or advertising without a permit brings a summons under § 182-7(J).

Frequently Asked Questions

Do I have to live at the property to run a short-term rental in East Brunswick Township?
Yes. Every allowed class in § 182-3(B) requires an owner who legally identifies the address, or a unit in the same building, as his or her principal residence. Section 182-3(C) prohibits rentals of single-family homes, two-family units and multifamily units where none of the owners identifies the address as a principal residence.
What counts as a principal residence?
Section 182-2 requires three things together: at least one owner spends the majority of his or her non-working time there, it is most clearly the center of his or her domestic life, and it is identified on the owner's driver's license or State Identification Card as the legal address. All the requirements must be met for an address to qualify.
Is there a limit on rental nights?
Owner-occupied short-term rentals are exempt from the cap. For every other dwelling unit, § 182-3(E) limits rentals to no more than 90 total nights per calendar year, and each night in excess of the limit is a separate violation. Section 182-3(F) also limits a dwelling unit to one short-term rental at a time.
Can my tenant rent out my property or a room?
No. Section 182-7(K) says the person offering a dwelling unit for short-term rental must be the owner. A tenant cannot apply for a permit, sublease the property or any portion of it short-term, or operate it as a short-term rental, and the section supersedes any lease clause allowing subleasing.

Sources & Official References

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