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Beth McEntee and her family live next door to a two-family home they own and rent. The top floor of that home is rented on an annual basis but McEntee said she rents the ground floor via Airbnb throughout the year.

“It really helps us recoup and pay our mortgage,” she said. “We are very careful to vet the tenants.”  

But a proposed ordinance aimed at governing short rentals like hers may change how she does business moving forward.  

The matter was brought to light during Saturday’s Asbury Park Homeowner’s Association meeting at The Complex on Cookman Avenue.

Meeting organizer Jordan Modell read a first draft of rules that included limiting the cumulative number of days per year; a two strikes and you’re out policy; an online registry of renter names, the number of guests and dates of stay; what will permitted in single vs multi family dwellings, limiting the number of vehicles per short term rental; mandating a 24/7 contact for any emergent issues or complaints; a one year permit based on code and fire inspection; and a $2,000 violation fee.

“I think this entire list is a great overreach, in particular the two strike system,” said resident Tim Davis. “Aren’t there laws already on the books to address the issues, and how will this be enforced.”

While the proposed laws are meant to address the proliferation of short term rentals in residential areas that have garnered citizen nuisance complaints and concerns over the creation of dead zones in the off peak season and the transformation of those neighborhoods into mini business zones, some in attendance had immediate concerns of an adverse affect.

“One of the things that you do when you limit this bridge gap is you actually force people who want to be in the community and part of the community to sell to people who are truly part of the problem so you end up with swaths of the neighborhood with houses that sit there year round with no one in them,”  resident Peter Connolly said. “You actually propel the problem when you don’t allow people to bridge gap costs. You have whole neighborhoods in London where no one lives there anymore, they are beautiful neighborhoods but the stores are all closed, the dry cleaners are all closed, the restaurants are all close because the only people who own there are foreign people investing. You have to have a breathing room for folks who really want to be here. Limiting the number of Airbnb’s that someone can own or rent I think is a great idea but not trying to redefine something that’s that’s been around for 20 years like VRBO and Home Away.”

Mayor John Moor said he was hearing the proposal for the first time and that nothing has been carved in stone.

“Nothing has been done and nothing will be done without public feedback,” he said. “When it is finalized, good or bad, there will be two readings where the public can come and give feedback.  This is just something that is starting. We are taking notes and we are listening. We are looking to address the 10 percent of bad ones, we are not looking to punish the good ones.”

He said the city has met with Airbnb executives and that a committee comprised of Deputy Mayor Amy Quinn, Councilwoman Yvonne Clayton, Director of Planning and Redevelopment Michele Alonso, and Director of Property Improvement and Neighborhood Preservation Robert McKeon have meeting on a regular basis to vet the issues.

By Tuesday the City announced it would host two public session meeting to vet the proposed rules, the first being 10 a.m. Saturday in City Council Chambers at 1 Municipal Plaza at the Bangs Avenue entrance between Main Street and Memorial Drive.

But on Wednesday a group of Asbury Park residents launched a Move On Petition against the proposed governance of short rentals.

“The city is proposing to enact an ordinance outlining strict regulations limiting and barring short-term rentals, an unreasonable infringement on private property rights in this beach resort town, which thrives on weekly summer rentals,” petition author Jon Biondo said.

Within 24 hours, the petition garnered 110 signatures of support. It reads:

As responsible owners of residential real property in a tourist-driven beach resort town, many of whom have made significant investments in homes here, and who have endured outrageous property tax increases, we strongly object to this unreasonable infringement on our property rights.

While the City has put forth an absurd rationale related to phantom nuisances created by transient lessees, citizen stakeholders know the truth. Residents have become increasingly reliant on supplementing their income through rentals to offset spiking city taxes and in 99% of instances fully comply with all existing codes related to noise and nuisance.

As big developers enjoy constant concessions and tax breaks, individual residents are being penalized for their resourcefulness and we will not stand for it. We must unite to defeat this proposed Ordinance, and the Council must know their reelection depends on their position on this issue.

Come to a meeting to let your voice be heard, Saturday, April 8, 2017 at 10AM at the City Council Chambers at the Asbury Park Municipal Building.

Biondo outlined the homeowners’ concerns in a written statement shared below:

As we see it here are the problems:

1. While we understand the city’s need to regulate rentals, no other shore town has restrictions like this and all have managed for 70 years or more to have thriving summer rental communities with happy tenants and happy landlords.
2. There are only four hotels in town (Empress, Berkeley, Tides, and Asbury), packed all summer, so there is a need for more short term accommodations.
3. In a town with rapidly rising property taxes, the residents need the ability to rent short term to supplement their income.
4. The huge increase in beach badge revenue and parking fees are all a result of short term visitors.  If we don’t provide accommodations, the city would be encouraging day trippers, which is worse for the town than weekly visitors.
5. We believe in a free market economy – we are not Russia, yet.
6. The city alleges that residents have expectations of “residential only” when many of us live on mixed use streets.  My own private residence, where I pay $20,000 in annual property taxes, is 7 doors down from a hotel! (The Tides)
7. The city is making some claim about a dearth of affordable housing.  We support the creation of more as fair minded citizens.  But to put that burden on the R1 zoned homeowners is ridiculous.  They have allowed the developers to build whatever they want, how about insisting on some affordable housing instead of $800,000 2 bedroom town homes.
8. The city has worked on this for a year in secret, and now, with 4 days notice, are asking for public input.  Many people can’t rearrange their schedule to be at the meeting this Saturday at 10 a.m.
9. These regulations will push people to rent elsewhere on the Jersey shore driving tourism dollars away.
10. People are not coming here for the good schools, they are here for the beach and the bars, and the restaurants.  We can have regulations to protect permanent residents and we do.  But to restrict rentals and choke off these opportunities is silly.
11. Our homes are way more affordable than hotel rooms.  In July a room at the Berkley is nearly $300 with taxes.  Many of these homes rent for $100/night per room.
12. Any complaints about drunks and noise should be addressed at the business level.  Why isn’t the city concerned about bars over serving people?  The city doesn’t even have evidence that these complaints have increased because of summer rentals.
13. Arguably as homeowners protecting our properties as investments, we vet tenants far more than a hotel.  The Asbury, for example, has rooms with 8 bunk beds!  Who are they attracting?  Whereas I only rent to people I think will treat my home respectfully, and care for the peace and quiet of my neighbors.

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