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Council members move to bar boarding houses and similar residences in residential zones

Borough of Old Tappan Mayor & Council · December 19, 2025
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Summary

Council members discussed and approved a finding that an ordinance amendment to prohibit boarding houses — including transitional living, halfway houses, and recovery residences — should be clear and apply in residential districts, citing a recent DCA application as the impetus.

Council members debated and moved toward explicit municipal language to prohibit boarding-house style uses in residential zones, citing a recent state application that prompted concern.

A council member (Council member S1) described a prior case in which an application to the state Department of Community Affairs (DCA) for a cooperative sober living residence prompted neighbors’ alarm and was later withdrawn. The councilmember said the town had used an ordinance provision in another municipality to prohibit boarding houses and recommended similar, explicit wording here.

The Chair (Chair S2) read proposed language offered by staff: “boarding houses, including but not limited to transitional living arrangements, halfway houses, recovery residences, and similar uses shall not be considered a 1 family dwelling for the purpose of this ordinance and are prohibited in residential districts.” Councilmembers discussed whether listing examples would create loopholes as terms change and whether additional definitional language should be added.

Clerk (Clerk S5) relayed that the building department had received a letter from the state indicating that an application had been filed after contact with a state official, Robert Kenny. Council members questioned whether applications were being filed by property owners or tenants and noted that state approval can shift regulatory authority away from local building departments.

After discussion about wording and scope (one member urged keeping language simple and clear), councilmembers signaled broad support for prohibiting boarding-house uses in residential districts while asking staff to refine definitions for the ordinance.

The council did not adopt final ordinance language during this meeting but approved a related procedural motion finding the ordinance consistent with the master plan (see separate article). The council directed staff to provide clearer draft language for future adoption.