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West New York, NJ Short-Term Rentals: Taxes & Fees (2026)

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

Key Facts

Fee authority
Board of Commissioners sets all fees and charges (§ 380A-3 B)
Fee amount printed in Chapter 380A
None
Hotel and motel occupancy tax
3% on charges of rent (§ 364-25 B)
Vacation rental defined as
Exclusive transient use of 30 consecutive days or less
Maximum fine
$1,250 per violation, each day separate
Summons issued by
Police Department, Code Enforcement Official or Health Officer

Summary

In the Town of West New York, NJ, Chapter 380A lets the Board of Commissioners set all fees and charges needed to carry out its vacation rental rules, and the chapter prints no dollar fee. Violations carry a fine not exceeding $1,250, each day separate. The Town's 3% occupancy tax in Chapter 364 applies to hotels and motels.

§ 380A-3. Regulations; fees and charges. ... B. The Board of Commissioners of the Town may establish and set all fees and charges as may be necessary to effectuate the purpose of this chapter. § 380A-4. Enforcement; violations and penalties. [Amended 1-29-2025 by Ord. No. 1/25] ... B. Any person found to have violated any provision of this chapter, without regard to intent or knowledge, shall be liable for the maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding $1,250. Each day of such violation shall be a new and separate violation of this chapter.

Full Breakdown

Chapter 380A, Vacation Rentals, Short-Term (Ord. No. 35/17, adopted 1-18-2018), treats short-term renting in the Town of West New York as an activity its own preamble describes as prohibited by local law. A "vacation rental" is the rental of any dwelling unit, accessory building or structure, garage, attic or basement, in whole or in part, for exclusive transient use of 30 consecutive days or less, whether or not a permanent resident is on site, where the unit is approved only for permanent residential occupancy. Units in Town-approved hotels, motels and bed-and-breakfasts are carved out of the definition.

On fees, § 380A-3 gives the Board of Commissioners two powers. Subsection A lets it promulgate regulations that can include permit conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements or insurance requirements, and no person may fail to comply with them. Subsection B lets it establish and set all fees and charges necessary to effectuate the purpose of the chapter. Chapter 380A itself prints no fee amount, so the figure depends on what the Board of Commissioners sets.

The Town's printed occupancy tax sits in Chapter 364, Article III (Ord. No. 43/24, adopted 12-18-2024): a uniform 3% on charges of rent for every occupancy of a hotel and/or motel. Section 364-24 defines "hotel and/or motel" to include an apartment hotel, a motel, inn and rooming or boarding house or club, and excludes a transient accommodation. The same article defines a "professionally managed unit" as a unit directly or indirectly owned or controlled by a person offering for rent two or more other units during the calendar year, but the operative tax section, § 364-25, does not use that term or mention vacation rentals.

Section 380A-2 separately bars any person, including a hosting platform operator, from undertaking, maintaining, authorizing, aiding, facilitating or advertising a vacation rental activity that does not comply with the Code.

Violations & Fines

Section 380A-4 lets the Police Department, Code Enforcement Official or Health Officer issue a Municipal Court summons for any violation. Liability attaches without regard to intent or knowledge, with a fine not exceeding $1,250, and each day is a new and separate violation. A person convicted in a criminal case, or found in violation in a civil case brought by a law enforcement agency, must reimburse the Town and other participating agencies their full investigative costs and remit all illegally obtained rental revenue to the Town. Any interested person can seek an injunction, and the prevailing party recovers reasonable costs and attorney's fees.

Frequently Asked Questions

Does West New York charge a fee for a short-term rental?
Chapter 380A authorizes the Board of Commissioners to establish and set all fees and charges needed to carry out the chapter (§ 380A-3 B) but prints no dollar amount itself. The chapter's preamble describes vacation rentals of entire units as prohibited by local law, so the first question is whether the rental complies with the Code at all.
Is the West New York hotel occupancy tax charged on short-term rentals?
Section 364-25 imposes 3% on rent for occupancy of a hotel and/or motel, and § 364-24 defines that term to include an apartment hotel, inn and rooming or boarding house but not a transient accommodation. The tax section never mentions vacation rentals by name. Chapter 380A, not Chapter 364, is the chapter that addresses them.
What is the penalty for an unlawful short-term rental in West New York?
Under § 380A-4 B, a person found to have violated the chapter faces a fine not exceeding $1,250, without regard to intent or knowledge, and each day is a new and separate violation. A conviction can also require reimbursing the Town's full investigative costs and remitting all illegally obtained rental revenue to the Town.
Who enforces the vacation rental chapter?
Under § 380A-4 A, a Municipal Court summons can be issued by the Police Department, the Code Enforcement Official or the Health Officer. Section 380A-4 D also lets any interested person seek an injunction or other relief, with the prevailing party recovering reasonable costs and attorney's fees.

Sources & Official References

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