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Essex County, NJ Short-Term Rentals: Night Caps (2026)

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

Key Facts

County night cap
None
Tax threshold
90 consecutive days
Newark STR stay
Up to 28 days
After 90 days
Permanent-resident exempt

Summary

Essex County sets no annual night cap on short-term rentals. The key threshold is New Jersey's 90-consecutive-day rule, after which a stay becomes a permanent-resident occupancy exempt from occupancy taxes.

These county ordinances apply to unincorporated areas of Essex County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The occupancy lasts for at least 90 consecutive days (permanent resident exemption).

Full Breakdown

There is no county limit on how many nights per year a unit may be rented short-term. New Jersey defines the short-term window through its tax law rather than a nightly cap: a transient accommodation is a rental of fewer than 90 consecutive days. Once an occupancy reaches 90 consecutive days, the permanent-resident exemption applies and the Sales Tax, State Occupancy Fee and any municipal occupancy tax are no longer imposed, with previously collected amounts refundable to the occupant. Newark defines a short-term rental as a stay of up to 28 continuous days. Some municipalities elsewhere in New Jersey adopt annual rental-day caps, so hosts should confirm whether their specific Essex town limits total rental nights.

Violations & Fines

Because there is no county night cap, enforcement centers on municipal permit terms and state tax compliance. Misclassifying a 90-day-plus stay to keep charging occupancy taxes can trigger refund obligations and state penalties.

Frequently Asked Questions

Is there an annual night cap in Essex County?
No. The county sets no cap. New Jersey's key threshold is 90 consecutive days, after which the stay is tax-exempt as a permanent residency.
What counts as short-term in New Jersey?
A rental of fewer than 90 consecutive days. Newark specifically defines a short-term rental as a stay of up to 28 continuous days.

Sources & Official References

Other rules in Essex County

All Essex County rules

Compare Essex County to another location·View the New Jersey short-term rentals overview

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Night Caps in Cities Across Essex County