City introduces seasonal CO ordinance with affidavit requirement
Final hearing set for June 5
The process of renting homes to visitors may be simpler for landlords this summer.
The city council introduced an ordinance allowing landlords to obtain seasonal certificates of occupancy [COs] for their properties. A certificate of occupancy is a document issued by the city confirming that a residence is in an acceptable state to be occupied. A landlord must obtain a CO prior to bringing new tenants into a property.
Previously, landlords were required to obtain a new CO every time a new tenant came in. A landlord who owned a weekly rental would have to get a new CO every week.
The council introduced the ordinance at an April meeting but due to some amendments, they had to re-introduce it on May 15. The final public hearing will be held on June 5.
Under the new system, landlords with seasonal COs still need to obtain licenses for the seasonal COs once a year, said city director of commerce and economic development Tom Gilmour at an April council meeting when the measure was introduced. This creates a new revenue stream for the city, he said, and “gives us a way to monitor what’s going on with these types of properties.”
“I think this helps residents who want to [lease their homes in the summer] and also allows the city to make sure the rentals that are taking place are being done in a way that’s safe,” city manager Terence Reidy said.
To craft the ordinance, city attorney Fred Raffetto [pictured] culled ordinances from other municipalities with similar measures in place, he said. He based Asbury Park’s ordinance on a similar ordinance from Point Pleasant Beach.
Councilman Jim Bruno took issue with the ordinance, stating that landlords may allow properties to fall behind on fire preparedness if they don’t have to get a new CO with every new tenant. A license to rent a house costs about $100 per year, Bruno said, and a CO costs about $68.
“If you have five, six, seven or eight people living in one house and then they move out and someone else moves in, how do you know they didn’t mess with the smoke detectors and fire extinguishers?” Bruno said at the May 15 council meeting.
The landlords are required to give the city a list of tenants every time a new group comes in, Gilmour said. Gilmour emphasized that it is difficult now for landlords to rent houses on a short-term basis.
“The landlords renting these places are getting $3,000 to $4,000 per week for some of these places,” Bruno said. “I don’t see why they can’t afford a new CO every time they do a transfer of title.”
Deputy Mayor John Loffredo, who is a realtor by trade, concurred with Gilmour that landlords are often hesitant to do summer rentals due to municipal red tape.
“To start saying we have to inspect a home every time [new tenants come in throughout the summer] is ridiculous,” he said. “Why are we making this laborious for the city? This is a thing that every town does.”
Bruno again pointed out fire safety issues.
“It’s not hard to walk in there and check a smoke detector and see if a fire extinguisher is empty or full,” he said. “The fire department can go out and do these inspections. I don’t see why they can’t.”
When the time came to approve the ordinance’s introduction, Bruno suggested the city add an affidavit requirement.
“I think the owner should have to sign an affidavit saying he checks the smoke detectors and fire extinguishers and send it over to code enforcement,” Bruno said.
“I don’t see anything wrong with that,” Councilwoman Sue Henderson said.
The council voted unanimously in favor of the ordinance with the addition of the affidavit requirement. The final public hearing will be June 5.
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