A group representing Jersey City’s short-term rental community has vowed to fight Jersey City over the proposed wording of the interpretive statement on the Nov. 5 referendum that will decide the fate of the new ordinance.

The ordinance, passed by the Jersey City City Council earlier this year, places restrictions on who can use residential units as short-term rentals and how many days the units can be rented.

An attorney for Keep Our Homes, the group that organized the petition drive that put the referendum to overturn the law on the ballot, called the statement “misleading” and said it “violates state law," more for what it doesn’t say than what it does.

The City Council is expected to vote on the wording of the interpretive statement Wednesday night.

Ward E Councilman James Solomon, who worked on the ordinance, said this what he expected from a big corporation like Airbnb.

“This is another example of Airbnb thinking that because they’re a big corporation with lots of money they get to write the rules,” said Solomon. “They demand the city do what they say. Then when they don’t get what they want, they spend a lot of money to try to take it to the ballot or take it to the court.”

In a letter to Jersey City’s Corporation Counsel Peter Baker, Keep Our Homes urged that proposed statement be rejected and replaced with a more detailed explanation of the ordinance.

The proposed statement, which was crafted by City Clerk Robert Byrne, says in part “... Property owners ... who wish to make their residential units available ... shall obtain a permit ... 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, ... requiring all short-term rentals to be operated by an on-site property owner, and periodic safety inspections.”

Airbnb spokeswoman Liz Debold Fusco called the interpretive statement “incomplete” and “biased.”

"The city council has the obligation to be fair and the power to restore common sense by removing any cloud of doubt around the intentions of this language,” she said. “If this deceptive language goes to the ballot, we are committed to fight for our community to have a fair election, including legal action if necessary.”

The ordinance institutes an annual 60-day cap for short-term rental properties if the owner is not on site. It will also prohibit Airbnb and other short-term rentals in buildings with more than four units and phase out existing short-term rental contracts by Jan. 1, 2021. The ordinance also prohibits renters from serving as short-term rental hosts.

Members of the short-term rental community submitted more than 20,000 signatures in July to challenge the ordinance and force a ballot referendum after the city council refused to repeal it. The deadline to repeal the ordinance was Sept. 3.

“As proposed, the statement violates the law for two reasons: It fails to inform voters that short-term rentals (STR) are currently regulated and that Ordinance 19-077 changes — and, in fact, largely repeals — existing regulations on STRs; and it fails to inform voters that certain classes of residents are prohibited altogether from sharing their homes via STR under Ordinance 19-077,” the letter says.

Byrne described the proposed statement as "the fairest attempt we can make and it’s concise. It tells the story without telling to much.”

Here is the complete text of the proposed interpretive statement:

“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.”

Joshua Rosario may be reached at JRosario@jjournal.com. Follow him on Twitter @JRyRosario.