By Jeff Kaplowitz

My name is Jeff Kaplowitz. I am a lifelong resident of Jersey City and on June 1st I will be celebrating 32 years as a realtor in Jersey City. I was a member of the Mayor’s Advisory Committee on the Short Term Rental ordinance.

Looking up the definition of neighborhood I found on the following: A neighborhood is an area where people live and interact with one another. Neighborhoods tend to have their own identity, or "feel" based on the people who live there and the places nearby.

The Jersey City Master Plan states in Volume 1 page 3 that land use is to:

Continue efforts to stabilize and upgrade residential neighborhoods:

Protect and preserve residential neighborhoods from intrusion by non-residential uses.

Address inconsistent in-fill development in residential neighborhoods through zoning and design standards.

Acknowledge distinct characteristics of residential neighborhoods through design standards.

Establish buffer standards between residential and non-residential uses that will assist in mitigating negative impacts on residential uses.

We as an advisory committee did not enter this with the idea of outlawing Short Term Rentals. We are encouraging owners who want to be hosts for short term rentals in rooms of their home or one apartment in their building to keep on doing so. We want them to succeed and be our ambassadors of Jersey City.

But the business model of Short Term Rentals has changed since the City of Jersey City made an agreement with Airbnb in 2015. There are now businesses that are no longer just sharing a room or apartment but are leasing multiple apartments or turning whole buildings into Short Term Rentals in downtown, Journal Square and the Heights.

You have heard public comments to vote against these amendments with statements such as “As Airbnb hosts our business is helping employ other businesses and individuals in Jersey City which help grow their businesses and in turn help our business succeed.” I am completely in favor of businesses succeeding in Jersey City but businesses are and should be held to a higher set of regulations and standards than residential regulations and standards.

Our zoning laws clearly state that we want a buffer between commercial and residential neighborhoods which preserve and enhance our neighborhoods and commercial districts. Buildings that are being used for commercial uses or as investments are taxed at a higher rate than residential properties; this in turn should help keep the tax burden down for owner occupied residential owners. Businesses should be inspected and approved by the City of Jersey City in regards to building, fire, plumbing, electrical and safety codes which are held to higher standard than residential buildings to protect the general public when visiting those buildings.

An email was sent to me and other realtors on 01/09/2019 looking to lease 100 apartments to use as Short Term Rentals looking to move quickly and will sign leases within 48 hours. These are not homeowners looking to help supplement their income to help pay their taxes, mortgage, utilities and insurance. These are full-time operating guest/hotel businesses and should be regulated as a business.

The purpose and intent of these amendments are to preserve the nature of our neighborhoods for those who want to live in Jersey City full time and not just a short visit for 2 or 3 days.

I have looked at Airbnb’s website and they have a page to review entitled “Your Cities Regulations” there are 69 cities listed in the United States and Jersey City is not listed as we presently have no regulations.

The regulations we are proposing are already being enforced not only in these US cities but around the world.

On Airbnb’s website there is a news article dated 04/13/2019 “Airbnb has today backed the Mayor of London’s call for a clear, simple and host-friendly registration system to support the current 90-night limit on Short Term Rentals in London and help ensure that rules are applied equally to all hosts, regardless of which platform they use.

Airbnb’s Website on City regulations are as follows:

"What regulations apply to my city?

"Business Licenses : Many cities and counties require owners or operators of certain businesses to apply for and obtain a license before the business can be operated. Many local governments have sections of their websites explaining the business licensing process, and providing you with relevant forms and information. Contact your city or county for more information.

"Building and Housing Standards : Most local governments and many states have rules and regulations specifying minimum construction, design, and maintenance standards for buildings, including regulations on habitability, health, and safety. Certain rules applicable to residential and non-residential uses may be relevant to your listing. Some cities or counties may also require an inspection of your property to make sure it meets minimum habitability standards. Contact your local government to find out what standards apply to your listing.

"Zoning Rules : Most cities and counties have laws that set out the way you can use your home. These rules are often found in a zoning code, planning code, or city ordinances. You should consult these rules or regulations to see if your listing is consistent with current zoning requirements or use definitions, or contact your local government directly.

"Special Permit : Some cities or counties may require a special permit to rent out your home. Contact your city or county government to see if you need one, and, if you do, how to get it.

"Taxes : Many cities, counties, and states require hosts to collect a tax for each overnight stay, and pay that tax to the city or county. Contact your local government to see if you need to collect any taxes.

“Other Rules: It’s also important to understand and follow other contracts or rules, such as leases, timeshare ownership rules, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Read your lease agreement and check with your landlord if applicable.”

Our amendments to the Short Term Rental Ordinance are within the rules and regulations around the United States and that Airbnb itself expects its hosts to submit and follow.

Jeff Kaplowitz is a Jersey City realtor and was a member of the Mayor’s Advisory Committee on the Short Term Rental ordinance.

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