Elizabeth, NJ Short-Term Rentals: Occupancy Limits (2026)

Under Chapter 5.90 of the Code of the City of Elizabeth, enacted by Ordinance 5424, an STR license application filed with the Bureau of Central Licensing must include the property's block, lot, and unit numbers, the exact number of sleeping rooms, and a floor plan of each level identifying each sleeping room. The license is issued only when the dwelling unit holds a current rental Certificate of Occupancy from the Bureau of Planning and Zoning and a valid Fire Prevention Bureau certificate, so the unit's lawful residential occupancy fixes the maximum number of overnight guests for the short-term rental. Elizabeth has not adopted a separate STR-only persons-per-bedroom cap that overrides the CO. The State Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A) and the New Jersey Bureau of Housing Inspection rules at N.J.A.C. 5:10 govern minimum sleeping-room size, occupancy, light, ventilation, and life-safety conditions for rented dwellings; sleeping rooms must meet the room-area minimums in those rules and the floor area provided per occupant standards used by the Bureau of Housing Inspection during rental inspections. Because Elizabeth additionally prohibits short-term rentals in buildings with more than four dwelling units unless the owner is on premises and the condominium or cooperative association consents (Ord. 5424), the operating headcount in larger buildings is capped by the owner-presence and association-approval condition rather than guest count alone. Hosts subject to Chapter 5.90 must keep the floor plan on file matching the as-licensed bedroom count; renting beds in non-bedroom spaces such as living rooms or basements is not authorized by the CO and exposes the host to license action and to Uniform Construction Code citations under N.J.A.C. 5:23.