New ordinance regulates short term rentals in Andover Borough.

ORDINANCE #01-2026
ANDOVER BOROUGH
SUSSEX COUNTY, NEW JERSEY
AN ORDINANCE TO ADD CHAPTER 108, ENTITLED “SHORT TERM RENTALS”, OF THE CODE OF THE BOROUGH OF ANDOVER, COUNTY OF SUSSEX, STATE OF NEW JERSEY
BE IT RESOLVED by the Borough Council of the Borough of Andover in the County of Sussex, as follows:
SECTION 1. A new Chapter 108, entitled “Short Term Rentals” is hereby added to the Code of the Borough of Andover, and shall read as follows:
§108-1 Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADVERTISE or ADVERTISING — Means any form of solicitation, promotion, marketing and/ or communication used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this Chapter, as same may be viewed through various media including but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of dwelling units in violation of Section 108-2.
CONSIDERATION — Means the receipt or acceptance of any legally recognized form of consideration including a promise or benefit, a quid pro quo, rent, fees, money, other forms of payment and/or things of value.
DWELLING UNIT — Means any structure, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged or designed to be occupied, for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes a single-family, two-family and multi-family dwellings, apartment, condominium, building, cooperative, converted space, or portions thereof.
OCCUPANT — Means any person or entity, association, limited liability company, corporation, or partnership, who, alone, or jointly and/or severally with others, has actual possession of or possessory rights to a dwelling unit or any portion thereof for a period of 28 consecutive days or more.
OWNER — Means any person or entity, association, limited liability company, corporation, or partnership, who, alone, or jointly and/or severally with others:
a. Has legal title to a dwelling unit, with or without accompanying actual possession thereof; or
b. Has charge, care or control of a dwelling unit, as owner or agent of an owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of an owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Chapter to the same extent as if that person were an owner.
PERSON — Means an individual, entity, association, limited liability company, corporation, or partnership, and anyone entity acting on their behalf or in concert with them.
§ 108-2. Prohibited Conduct.
a. An owner or occupant of a dwelling unit shall not receive or obtain consideration for the rental of a dwelling unit for a term of less than 28 consecutive days.
b. Exception. Section 108-2 shall not apply to:
1. Lawfully established and operating hotels, motels, rooming houses, boarding houses, and bed and breakfast establishments.
2. The use of single-family dwellings explicitly protected by New Jersey State law including, but not limited to, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and children in group homes pursuant to N.J.S.A. 40:55D-66c.
§108-3 Advertising Prohibited.
No person shall advertise the rental of a dwelling unit for a term of less than 28 consecutive days.
§ 108-4. Conduct Not Prohibited.
The Chapter does not prohibit:
a. The receipt of consideration or advertising for the lawful rental of a dwelling unit for a term of 28 consecutive days or more.
b. The occupancy of a dwelling unit for a term of 28 days or less by a guest(s) of an owner or occupant where no consideration is given or required. 
§108-5 Enforcement; Violations and Penalties.
A. The Code Enforcement Officer and/or Construction Official are authorized to enforce the provisions of this Chapter.
B. Any person who violates a provision of this Chapter shall, upon conviction thereof, be subject to the fines and/or imprisonment set forth in Section 1-15. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
SECTION 2. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.
SECTION 3. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough, the provisions hereof shall be determined to govern. All other ordinances of the Borough are hereby ratified and confirmed, except where inconsistent with the terms hereof.
SECTION 4. This Ordinance shall take effect immediately upon final passage and publication according to law.
NOTICE
NOTICE IS HEREBY GIVEN that the attached Ordinance was introduced at a regular meeting of the Mayor and Council of the Borough of Andover, Sussex County, New Jersey, held on February 9, 2026 and passed on first reading, and that such Ordinance will be further considered for final passage and adoption at the regular meeting of the Mayor and Council to be held on March 9, 2026 at the Borough Hall, 137 Main Street, in the Borough of Andover, at 7:00 p.m., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance.
Date: 2/09/2026
Beth Brothman, RMC
Andover Borough Clerk
February 15, 2026 ($72.23)