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Wildwood Crest to tighten rental occupancy limits; ordinance to be introduced in October

Borough of Wildwood Crest · September 19, 2024
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Summary

The borough solicitor presented a draft ordinance to impose occupancy limits based on sleeping-area square footage and to lower the number of qualifying violations that trigger penalties for rental properties; commissioners agreed to introduce the measure at the first October meeting to give owners notice before next summer.

The Borough of Wildwood Crest will introduce an ordinance in October that tightens rental-property rules, imposing occupancy limits tied to sleeping‑area square footage and reducing the number of violations that trigger penalties for property owners, the borough solicitor said at the Sept. meeting.

Solicitor Ron Gunis told commissioners the draft ordinance would reduce the number of qualifying "breach of the peace" violations required to trigger enforcement from four to two in any two‑year period and allow the borough to hold a hearing and require a bond that could be forfeited if misconduct continues. "That bond can be forfeited and/or revocation of their rental license or suspension of their rental license," Gunis said. He described the package as "really just three amendments to an existing ordinance; it's a very surgical amendment," aimed at deterrence.

The ordinance would also add an occupancy limit calculated from sleeping‑area square footage: one occupant per 70 square feet for the first occupant, and one occupant for each additional 50 square feet thereafter, with only habitable sleeping areas counted. Owners would have to document the square footage as part of obtaining a rental license and post the allowed occupancy in a visible place at the unit. Advertising a rental with an occupancy higher than the posted limit would be prohibited, Gunis said.

Commissioners pressed staff on enforcement mechanics. Officials said enforcement would rely on posting and licensing mechanisms, fire and code inspections, law‑enforcement responses to specific complaints and review of online advertisements, rather than routine warrantless entries to count occupants. The solicitor and staff acknowledged enforcement is not easy in every scenario but said the ordinance would provide formal authority to sanction repeat problem properties.

The commission agreed to introduce the ordinance at the first meeting in October to give property owners advance notice ahead of next summer. If introduced, the ordinance will follow the borough's normal public‑process steps before a final vote.

What happens next: The measure will be formally introduced at the first October meeting; commissioners and staff said they will give property owners notice and pursue outreach once the ordinance is on the docket.