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Jersey City, New Jersey, Municipal Question 1, Short-Term Rental Property Regulations and Permit Requirements Measure (November 2019)

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Local ballot measure elections in 2019
Question 1: Short-Term Rental Property Regulations and Permit Requirements Measure
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The basics
Election date:
November 5, 2019
Status:
Approveda Approved
Topic:
Local housing
Related articles
Local housing on the ballot
November 5, 2019 ballot measures in New Jersey
Hudson County, New Jersey ballot measures
See also
Jersey City, New Jersey

A measure to require permits to operate short-term rental properties and implement other regulations was on the ballot for Jersey City voters in Hudson county in New Jersey on November 5, 2019. It was approved.

A yes vote was a vote in favor of implementing certain restrictions and regulations on renting out short-term rental properties (such as Airbnb and VRBO), including the following:
  • limitations on what properties/units are eligible for use as short-term rentals, including certain owner-occupation and zoning requirements;
  • a prohibition on using a property as a short-term rental for more than a total of 60 nights per year if the owner/operator is not present;
  • a prohibition on using property with rent controlled by government regulations or other rent control limitations in place;
  • rules for short term rental permits and permit fees of an initital $250 application fee and $200 per year for renewal after that; and
  • other regulations and restrictions.
A no vote was a vote against implementing certain additional restrictions and regulations on renting out short-term rental properties, thereby leaving the existing rules in place.

This measure was put on the ballot through a successful referendum petition effort against Ordinance 19-077, which the Municipal Council of the City of Jersey City voted into law on June 25, 2019.

Election results

Jersey City Jersey City Municipal Question 1

Result Votes Percentage

Approved Yes

18,985 68.71%
No 8,646 31.29%
Results are officially certified.
Source


Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the ordinance submitted by referendum petition providing for amendments to Chapter 3 (Administration of Government), Article X (Department of Housing, Economic Development and Commerce), Section 78 (Division of Housing Preservation) and Chapter 345 (Zoning) Article 1 (General Provisions) Section 6 (Definitions) and Article V (Zoning & Design Standards) Section 60(Z) (Supplementary Zoning Regulations) and adopting Chapter 255 (Short-Term Rentals) be adopted?[2]

Interpretive statement

The interpretive statement for the measure as included on the sample ballot was as follows:

This ordinance regulates the operation of short-term residential property rentals in Jersey City. Property owners in Jersey City who wish to make their residential units available for short-term leases, including through any Internet-based platforms (e.g., Airbnb, HomeAway, VRBO, etc.), shall obtain a permit for their use as short-term rentals based on the ordinance’s regulatory requirements. These regulations include, but are not limited to, limitations on the size/number of units in residential buildings that may be used as short-term rentals, compliance with City noise, garbage/sanitation, and parking laws, requiring all short-term rentals to be operated by an on-site property owner, and periodic safety inspections. Violations of the regulations presented herein, in addition to substantiated violations of the City Code and/or State law, may result in temporary or permanent suspension of a property owner’s permit to offer their property for short-term rental purposes, as well as fines and penalties. The terms of this ordinance shall become effective on January 1, 2020.[2]

Full text

The full text of the measure is available here.

Support for a yes vote

Vote Yes JC sponsored by the Share Better Education Fund led the campaign in support of a yes vote Question 1.[3] The Share Better Education Fund was sponsored by the Hotel Association of New York City (HANYC) and the New York Hotel Trades Council (NYHTC).[4]

Supporters

  • Share Better Education Fund, which was sponsored by the Hotel Association of New York City (HANYC) and the New York Hotel Trades Council (NYHTC)
  • Hudson County Progressive Alliance (HCPA)[3]
  • New Jersey Working Families Party[3]
  • New Jersey State AFL-CIO[3]
  • North New Jersey Democratic Socialists of America[3]
  • Jersey City Fire Officers Association (JCFOA)[5]
  • Uniformed Fire Fighters Association of Jersey City (UFFAJC)[5]
  • Jersey City Police Superior Officers Association[5]
  • Jersey City Mayor Steve Fulop (D)[5]

Arguments

  • The New Jersey Working Families Party said, "These common-sense reforms will provide smart, community-centric regulations that will safeguard against the worst effects of home-sharing services. Home-sharing services like Airbnb take apartments off the long-term rental market, and in doing so, contribute to skyrocketing rent costs to families in already hard-to-afford communities. Smart regulation like that proposed by the Mayor can provide the best of both worlds to Jersey City residents: opportunities for small-scale home-sharing while protecting long-term residents from skyrocketing housing costs."[3]
  • The Hudson County Progressive Alliance said, "HCPA recognizes the importance of responsible regulation of the short-term rental market in Jersey City. Ordinance 19-077 preserves the original intent of home sharing by allowing owner-occupied units to continue to rent their additional space while also preventing commercial operators, many of whom are not based in Jersey City, from converting entire neighborhoods into full-time hotels, which limits housing availability and increases rental prices for residents."[3]
  • JCFOA President Peter Nowak and UFFAJC President Joseph Krajnik said, "It can save lives when residents know their neighbors in a dangerous high-rise fire and other emergencies. In a fire, every second counts, and having knowledgeable neighbors who know how many occupants live in a residence and if someone is trapped or in need of rescuing helps with our mission in saving lives.[5]
  • Jersey City Mayor Steve Fulop (D) said, "Airbnb is spending millions to spread flat out lies to preserve their multi-billion-dollar company, this administration is fighting to fix the quality of life issues our residents have had to endure over the years as Airbnb abuses their initial agreement with the city. We’re fighting for the most important fundamental right every person and family should be entitled to, especially in their own home: their safety."[5]

Campaign advertisements

The following video in support of Question 1 was released by the Share Better Education Fund:[6]

Title: "Jersey City is Not for Sale"

Support for a no vote

Keep Our Homes JC led the campaign against Question 1.

Opponents

  • Airbnb[7]
  • New Jersey State Conference and Jersey City branch of the NAACP[8]

Arguments

  • Keep Our Homes said, "Short-term rentals have been legal in Jersey City since 2015. But then the special interests got to the politicians — who turned around and wrote a ballot measure designed to fool you. We all agree that short-term rentals need some regulations. But a rental BAN? It’s too extreme. Municipal Question 1 hurts working families and seniors facing rising property taxes and cost of living. Say 'no' to the ban."[9]
  • Keep Our Homes spokesperson Graeme Zielinski said, "Short-term rentals help working families and the numbers don’t lie — just last year alone, short-term rentals generated $40 million in economic activity and created more than 350 jobs in Jersey City. That’s not to mention the millions of dollars in tax revenue that short-term rentals have generated in Jersey City — as well many millions more across the state. Short-term rentals are an economic engine in Jersey City — and not one that New Jersey can afford to walk away from. That’s why we are urging all Jersey City votes to stop the short-term rental ban and Vote No on Municipal Question one."[10]
  • Diana Vasquez, a Jersey City resident and real estate broker, wrote, "Short-term rentals have nothing to do with the lack of affordable housing nor are they the cause or the solution to affordable housing. In none of the cities where short-term housing was banned/regulated was there a hike in affordable housing. ... The real problem is the Jersey City residents that use these platforms [short-term rental platforms] to make ends meet. Our property taxes have risen anywhere from 25%-50% more in the past two years. Many people, especially the older residents, can no longer afford to live here and are barely getting by."[11]

Campaign adverisements

The following video opposing Question 1 was released by the Keep Our Homes JC:[12]

Background

Related measures

Ballotpedia covered the following measures concerning restrictions and regulations on short-term rental properties:

Path to the ballot

See also: Laws governing local ballot measures in New Jersey

This measure, Ordinance 19-077, was put on the ballot through a successful referendum petition effort. Petitioners, who who supported a "no" vote on Question 1, submitted about 20,000 signatures. To qualify the measure for the ballot, 6,714 valid signatures were required.[13][14] The Municipal Council of the City of Jersey City voted 7-2 to approve the ordinance on June 25, 2019.[15]

See also

External links

Support

Opposition

Footnotes

  1. Hudson County Clerk's Office, "November 5, 2019 sample ballot," accessed October 10, 2019
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Vote Yes JC, "Home," accessed October 10, 2019
  4. Twitter @Share_Better, accessed October 15, 2019
  5. 5.0 5.1 5.2 5.3 5.4 5.5 NJ.com, "Jersey City’s police and fire unions endorse effort to preserve Airbnb regulations," accessed October 10, 2019
  6. Youtube: Share Better, "Jersey City is Not for Sale V2," accessed October 10, 2019
  7. Insider NJ, "Jersey City Short-Term Rental Community Launches VOTE NO on Municipal Question 1 Effort; Keep Our Homes Campaign Urges Residents to Knock Down Ban This November," accessed October 10, 2019
  8. Insider NJ, "NAACP Announces Support for Jersey City Short-Term Rental Community’s Referendum Campaign," accessed October 15, 2019
  9. Keep Our Homes, "Home," accessed October 10, 2019
  10. Hudson County View, "Murphy joins Fulop and Stack in backing Jersey City Airbnb referendum," accessed October 15, 2019
  11. Jersey Digs, "Letter to Editor: No, More Airbnb Regulations Won’t Solve Jersey City’s Woes," November 1, 2019
  12. Facebook: Keep Our Homes JC, "Stop the BAN. Vote NO." accessed October 15, 2019
  13. Hudson County View, "Jersey City Airbnb advocates submit 20k signatures in hopes of changing new rental rules," accessed October 11, 2019
  14. NJ.com, "Airbnb launches effort to get short-term rental question on the ballot in November," accessed October 11, 2019
  15. Jersey City Government, "Ordinance 19-077 full text," accessed October 10, 2019