Committee backs strict interpretation of owner‑occupied rental permits; solicitor to draft ordinance amendment

The Smart Growth Committee asked the borough solicitor to draft an ordinance amendment clarifying the definition of owner‑occupied rental permits and signaled support for a stricter interpretation that treats dwellings not occupied full‑time by the owner as rentals that require a rental permit and inspection.

The committee reviewed the existing definition shown in the meeting materials: “Any dwelling unit which is occupied by someone other than the owner of the property, as determined by the most current deed and for which the owner of the said property received any value, including, but not limited to, money or the exchange of services.” Staff reported that interpretations have differed in recent years: before 2020 the director and zoning officer consistently required permits if the owner did not live on site full time; since 2020 a previous director had adopted a narrower interpretation that did not require a permit for owners who do not live there full time.

Committee members favored the stricter interpretation in order to collect accurate data and ensure safety inspections. One member said, “I lean towards the more strict enforcement,” and another noted concerns about investors buying houses and placing family members or students in them without the borough having permit oversight. A public commenter (identified in the transcript as Anne) urged a “really, really tight definition” to prevent loopholes for multiple occupants.

Nicole Schimone, chair, asked staff to direct the solicitor to prepare an ordinance amendment to Chapter 20/Chapter 66 (as referenced in meeting discussion) clarifying the definition and removing ambiguity. The committee indicated it would consider the solicitor’s draft at the next meeting. The committee did not adopt the amendment during this meeting; the action was to request the solicitor prepare proposed language.