Linden has not adopted a stand-alone short-term rental chapter creating its own persons-per-bedroom cap. Instead, every rental unit (including any STR) must be registered and licensed under Chapter 13 of the Linden Code, and the occupant headcount is fixed by the unit's rental Certificate of Occupancy plus the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A) and the Bureau of Housing Inspection sleeping-room standards in N.J.A.C. 5:10.
Under Chapter 13 of the Linden Municipal Code, no person may occupy any rental unit, and no owner may permit occupancy of any rental unit, that is not registered and licensed with the City. Each rental unit must be registered initially, annually, and with each change of occupancy, and a license is issued only after a satisfactory inspection by an inspector duly authorized and appointed by the City. The inspection checks compliance with the Linden Zoning Ordinance (Chapter 31), the Property Maintenance Code, the Housing Code in Chapter 10, Article II, and applicable Uniform Fire Code provisions. Because Linden has not enacted a separate short-term rental ordinance with its own headcount table, the lawful occupancy of an Airbnb or Vrbo unit is set by the Certificate of Occupancy issued under the Uniform Construction Code (N.J.A.C. 5:23) and by the New Jersey Bureau of Housing Inspection sleeping-room standards in N.J.A.C. 5:10, which require minimum sleeping-room area and floor-area-per-occupant in rented dwellings, plus the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A) for buildings that fall within its scope. Sleeping rooms must meet the room-area minimums in those rules, and renting non-bedroom spaces such as living rooms or basements as sleeping space is not authorized by the CO and exposes the host to housing inspection citations. Larger or commercial-style transient operations also implicate the Chapter 31 zoning treatment of transient occupancy uses, which are limited by district. STR operators in Linden are also taxable under the New Jersey 5% State Occupancy Fee (N.J.S.A. 54:32D-1) and 6.625% Sales Tax (N.J.S.A. 54:32B) on transient accommodations.
Operating a rental unit without registration and a satisfactory inspection under Chapter 13, or exceeding the use authorized by the Certificate of Occupancy, can lead to denial or revocation of the rental license, an order against renting the unit until corrections are made, and code-enforcement summonses. Violations of the New Jersey housing-inspection sleeping-room and occupancy standards in N.J.A.C. 5:10 can be cited by the Bureau of Housing Inspection under N.J.S.A. 55:13A.
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