By Cheryl Conway
When it comes to short-term rentals, Mt. Olive will have a no vacancy sign after township officials passed an ordinance that forbids homeowners from renting their properties for less than 31 days.
On Tuesday, March 18, the Mt. Olive Twp. Council voted and passed on second reading ordinance #9, Short-Term Rental Properties. Council members voted 5-1 in favor of regulating short-term rentals to restrict and prohibit the rental of residential dwelling units for a period of 31 days or less. Councilwoman Colleen Labow voted against it; Councilwoman Mary Lalama was not present at the meeting.
The purpose of this latest law is to promote the “furthering of the public health, safety & welfare, and the quality of life of the township's residents,” according to the ordinance, by restricting residential dwelling units from being rented on a short-term basis.
The issue raised much debate from those in favor and those opposed. One resident had gathered a petition signed by 36 residents opposed to short-term rentals in Mt. Olive. Their concerns ranged from traffic, noise complaints, transients as neighbors, parties and more.
“Do we wait until there is a major issue?” questions Council President Alex Roman. “Many of our neighboring towns have faced these issues.”
Former Mt. Olive Mayor Rob Greenbaum is representing the applicant as his attorney. His client wants to use his home for part of the year and rent it out for the other part of the year for short-term rentals. They first went to the Mt. Olive Twp. Planning Board for approval on Feb. 13, but that board “kicked it up to us,” the council to decide, says Roman.
“We did not seek this,” says Roman. “It was thrust upon us. The planning board lacked jurisdiction to hear the application because there was no ordinance.”
Greenbaum asks, “If you were to prohibit the use of a short-term rental, so many issues—how do you determine what is a short-term rental? How do you prohibit someone from renting out their property?”
Greenbaum continues, “If I had been sitting up here, the right thing to do would be to regulate it,” he suggests. “To register it; to have a fee to move forward, to require inspections of the property—not to prohibit someone from renting out their property on a one month to six months to one year to 10 years!”
Councilman Chuck Aaron was concerned that rental properties would have to be inspected in between rentals.
“What I’m suggesting is the board adopts standards to rentals,” explains Greenbaum. “There are a percentage of homeowners who want to rent out their properties.”
Greenbaum went ahead and drafted his own ordinance for the council to consider. He also asked the council to move the adoption of the ordinance that was set for its March 18 meeting since he, Mayor Joe Nicastro and Councilwoman Mary Lalama would not be at that meeting for a full vote.
Mt. Olive Twp. Business Administrator Andrew Tatarenko advised that the council would not accommodate Greenbaum’s request and the date for the public hearing and vote on the ordinance would not be changed.
Mt. Olive Twp. Planning Board Chair Howie Weiss was displeased with the council’s ordinance and called it “very absurd.” He compared it to a Michael Crichton novel in which “He starts with wild statements; he makes you buy into it.”
Weiss picked through the ordinance and states “Some of this stuff makes no sense whatsoever!
“Increasingly prevalent? I found zero that are in Mt. Olive,” says Weiss, as far as short-term rentals. I can’t find them. There are some 12 or 14 miles away.”
He also questions the claim that it will decrease home values.
“Nuisance violations, excessive noise? ” continues Weiss. “This isn’t the Jersey shore. Why are you saying someone who is renting will have more noise? Increased parking, accumulation of trash? Where does this come from?
“I can’t stand arbitrary comments,” continues Weiss. “If you see a problem, let’s address the problem. Why don’t you come up with a policing ordinance? Have them register and pay fees, establish standards.”
Tim Halpert of Saunders Lane questions the need for the ordinance as well. How will short term rentals create nuisance violations?
“Resident in the township have voiced?” he asks “How many voices have you heard? I’m not hearing much. For the health, safety and welfare for the township? How will it protect us? You want to control the increase of widespread practice?”
While Halpert admits that he has no intention of renting his property, he says “I don’t think we should pass an ordinance that you can’t factually back up. I don’t like that you can pass something that you don’t factually stand behind.”
According to Mt. Olive Twp. Attorney Jonathan Testa, there are 80 Airbnb’s in western Morris County found in the past six months, he shares at the March 18 council meeting. He admits to not having the number of short-term rentals in Mt. Olive.
Testa explains the justification for the ordinance: “We’re not trying to be reactionary. We are trying to be proactive to adopt an ordinance to restrict short-term rentals.”
Condy Vitatoe of Flanders shares her research and claims that the best places to invest in short-term rentals are in small and mid-size cities, and that these are up 16% in 2024.
“The cost Airbnb causes outweighs the benefits,” she says. She notes they can cause a rising cost for families; they compete with hotels; and affect the “feeling of connectedness and closeness of neighbors.
“We have something so special in this community,” says Vitatoe. “I pray you consider that over a business transaction.”
John Billheimer of Stevens Mill Road is concerned about more people on one property which can cause nuisance and traffic.
“When I think of Mt. Olive, I think of my neighbors and friends who live here permanently,” says Billheimer. “This is a proactive thing you have to do to keep it that way.”
One Hackettstown resident, Chris Keenan, says “I’m not against rentals. It’s not a destination place, it’s a community. How would you feel having a new neighbor every 30 days, if you have young children around.
Alicia Sharma of the Woodfield community understands that “people are looking for extra income to help supplement their income. There’s no factual data to support this. I suggest getting some data before you pass it.”
According to research by homeowners opposed to short term rentals, they found that Randolph allows rentals for 30 days; Chester has no regulations; Hackettstown and Roxbury prohibit short term rentals; Hopatcong allows it but with restrictions.
At the March 18 meeting, Greenbaum speaks up again about Ordinance #9: “The justifications are all fiction, not applicable to Mt. Olive, not factually supported. I suggest to us, you can’t compare town to town. You can’t compare Lake Hopatcong, landing section of Roxbury, Morristown to what exists in Mt. Olive. It’s not apples to apples.
“When you look at the numbers, there is no issue,” Greenbaum continues. “Very few, if any exist in Mt. Olive.”
After requesting via the Open Public Records Act, Greenbaum found one property on River Road used for short-term rentals and there have been no issues with noise or nuisance reported.
“How does a rental of 31 or less distinguish from 32 or more,” he asks regarding the day limit for rentals. “A homeowner can have social guests for any period of time. If someone can have 20 kids for a party, this ordinance does not stop it.”
Labow shares her reasons as to why she voted against the ordinance.
“Everything everyone has complained about in this ordinance, we have it,” says Labow. There are already established laws for parking and noise.
“We have a nuisance ordinance,” says Labow. “We would have to go over there and tell them to calm down.”
As a realtor, Labow is concerned for those who are waiting for their house to close and need a short-term rental. She also notes that there are people who rent in town and “families living side by side may not be staying a long time.”
She also notes that vacant homes “bring down housing values.” There is one house that has been vacant for six months and the property is in disarray. “Wouldn’t you rather put it to good use?”
Bottom line, “I don’t want government directing you on how to use your property,” says Labow. “If I want to have a couple of people here and there, they should be allowed to stay in my home. We don’t know how it will work in our neighborhood- we don’t have that.”
Aaron explains why he voted for the ordinance.
“I was advised not to sit idly by when there is a discussion,” notes Aaron. With a “letter signed by 37 residents, that should be addressed by the council with greater concern.”
Aaron says “there are valid community concerns shared in this letter. We can always go back and change our mind. We’ve been asked as a town council to make a decision; been asked by the community to make a decision. When it comes to public consensus we need to listen. This is what the council wants to do; We are moving this forward at an appropriate pace. My vote doesn’t make everyone happy.”
Resident Alan Fulton raises the question as to whether Mayor Nicastro could veto the ordinance as he nor Lalama were present at the meeting when the vote was taken.
Nicastro did not respond before deadline as to whether he would veto it; if he did, the council would revote.
Lalama says she would have passed the ordinance if she was at the meeting so one could assume the ordinance would still go through.
Lalama shares her reasons: “I got emails from residents opposing the Airbnb, none in favor. Also, more residents showed up at the council meeting against it with valid arguments.
“I did consider the following points: Airbnb can reduce the availability of long-term rental housing, leading to increased rents and housing shortages for local residents.
“The constant turnover of guests can lead to noise, traffic, and general disturbance for neighbors, affecting the quality of life for permanent residents,” adds Lalama.
“Safety and security cConcerns: With short-term guests coming and going, there may be concerns about safety and security within the neighborhood, including increased crime rates or vandalism.
“Local hotels and other accommodations may suffer financially due to increased competition from Airbnb,” continues Lalama.
“We are not depriving people of anything because our area does not warrant Airbnb; Mt. Olive is not known currently as a destination,” she concludes.
