Upper Tables Rental Ordinance

PETERSBURG – Upper Township Committee tabled an ordinance that would codify certain procedures for having rental properties in the township.
Mayor Jay Newman indicated at the beginning of the April 3 committee meeting that the governing body would like to table the ordinance for further discussion, wanting to get public input on the proposed rental ordinance.
The purpose of Ordinance 008-2023, as proposed, was to ensure rental properties are maintained in a safe and sanitary condition, that maximum occupancy limits are not exceeded, and to protect the real estate values of neighboring properties by requiring the upkeep of building exteriors and outside property areas.
Objectors to the ordinance came primarily from the owners of rental units and one of the first objections to the ordinance was that it would reduce the number of renters that can be accommodated in a vacation rental.
Rich Quinn has been renting a home in Strathmere. He said he has always listed the property as accommodating eight people. Under the proposed ordinance, Quinn said he would only be able to rent to three people, reducing the amount of rent he could ask for by 62.5%.
This complaint was echoed by another property owner in Strathmere, who said the ordinance would limit the number of guests who could stay based on square footage. She said that limitation, plus the requirement for inspections, was not being applied to people who did not rent their homes.
She said she was offended by the fact that the township would require an inspection of her home but not her neighbors, who do not rent.
“The ordinance says there will be an inspection with every changeover,” she said.
Christina Wright said she has several long-term rentals, including five in Upper Township. She said inspections of long-term rentals would be invasive, and weekly inspections would be “insane.”
Scott Phelps, who identified himself as a long-term home renter, also called the inspection requirement intrusive and a violation of the Fourth Amendment.
Phelps, who also rents a retail location, said being a renter “doesn’t make me less of a person.”
A sensitive area of the ordinance, in this regard, was the section headed “Free Access,” which says, “The township and its agents are hereby authorized to make inspections to determine the condition of a rental unit in order that they may perform their duty of safeguarding the health, safety, and welfare of the occupants of the rental unit and the general public.”
Prior to that section, the ordinance reads, “Prior to every change of tenancy and every year, each rental unit shall be inspected by the Housing Officer or designee…”
“I get the safety,” Wright said, “but in the long-term, this is invasive.”
Victor Nappen, a relative of Committee member Victor Nappen who recused himself from the matter, described landlords with long-term rentals as being the “step-child of Airbnb.”
He said there were only three Airbnb units in the township, currently, so the ordinance was overkill.
“The requirements are killing a fly with a 10-pound hammer,” he said.
Nappen (not the committee member) said Airbnb was self-regulating, and other residents said landlords are also self-regulating, as far as the effect on the community.
John Drub said the township was inserting itself between the landlord and tenant. Ironically, Newman began the discussion by talking about a separate issue – the request made by my mobile home park residents who asked the governing body to consider rent control.
Newman said that issues of rent were tenant/landlord issues, and there were other avenues established for resolving matters, such as unreasonable rent increases.
Upper Township Committee voted to table the ordinance for discussion and changes. Depending on the changes made, the ordinance might have to be reintroduced, Newman said. 
Contact the author, Christopher South, at csouth@cmcherald.com.