Bergenfield prohibits short-term rentals of 30 days or less for consideration under Borough Code Chapter 239, Article III (Ordinance 18-2533, adopted September 4, 2018), so the Borough does not issue STR permits and charges no STR-specific local registration or occupancy fee. Because such rentals are unlawful at the local level, the New Jersey state tax framework for transient accommodations under N.J.S.A. 54:32D and the Sales and Use Tax Act has no lawful application to a Bergenfield short-term rental, and any operator collecting consideration is in violation of the Borough Code regardless of state-tax registration.
Chapter 239, Article III of the Borough of Bergenfield Code, enacted by Ordinance 18-2533 on September 4, 2018, defines a short-term rental to include any apartment, condominium, building, cooperative unit, converted space, or portion thereof that is offered, made available for, or used for accommodations, lodging, cooking, sleeping, gathering, or entertaining of occupants or guests for consideration for a period of 30 days or less. Section 239-14 (Short-term rental property; prohibited uses) prohibits soliciting, charging, demanding, receiving, or accepting any legally recognized consideration - including rent, fees, promises, benefits, quid pro quo, or any thing of value - for use of property as a short-term rental, and prohibits any solicitation, promotion, advertising, or marketing of property for short-term rental in any medium. Hosting platforms, online listings, and direct bookings are all covered. Because the use itself is unlawful, the Borough does not operate a short-term rental registration program and there is no Bergenfield-specific permit fee, application fee, or local occupancy tax. By contrast, residential occupancy of a lawfully occupied dwelling for 30 days or less by a member of the owner's housekeeping unit without consideration (such as house guests) is expressly permitted and is not regulated as a short-term rental. At the state level, N.J.S.A. 54:32D-1 imposes a 5% State Occupancy Fee, and the Sales and Use Tax Act (N.J.S.A. 54:32B-3) imposes the 6.625% sales tax on transient accommodations obtained through a transient-space marketplace or that are professionally managed units, but these state impositions presuppose a lawful rental; in Bergenfield the underlying use is barred by Chapter 239, Article III, so the practical answer for a Bergenfield property is that there is no compliant pathway to operate a fewer-than-30-day rental for consideration. Long-term rentals (more than 30 consecutive days) are regulated separately under Chapter 239, Articles I and II (Registration and Inspection; Illegal Housing Units Penalties).
Section 239-15 and Chapter 239 generally authorize fines for violation of the rental-property chapter. Bergenfield's rental-property penalty framework provides for fines of not less than $500 and up to $1,200 for a first offense, with reductions available where the violation is corrected within 10 days of discovery, plus daily continuing-violation penalties and possible Municipal Court action. Hosts, agents, and any person who solicits or accepts consideration for an unlawful short-term rental can be cited.
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