Mayor Vetoes Red Bank Short-Term Rental Law OK'd By Council Majority

RED BANK, NJ — Mayor Billy Portman has vetoed a short-term rental ordinance approved by a majority of the Borough Council earlier this month.

"Having received voluminous e-mails and feedback from Red Bank residents in support of allowing at least owner-occupied short-term rentals, I believe it is my obligation as mayor to veto this ordinance," Portman said in a news release Wednesday night.

His action came after the regular Borough Council meeting and executive session Feb. 22, but did not take place during the meeting.

On Feb. 8, the majority on the Red Bank Borough Council passed an ordinance effectively banning short-term rentals in Red Bank, he said. Councilmember Kate Triggiano was the only "no" vote on the council.

And she said Thursday the veto showed "backbone." Portman "was delivering on his promise to listen to the people," she said.

The new ordinance would have permitted short-term rentals in several zones, but not in strictly residential zones. See the borough zoning map here.

But the veto - a rare action in the borough's politics - will make that ordinance moot, at least for now.

Portman said Thursday the "policy continues until the council either overrides, or offers an amended ordinance."

"In truth, an outright ban would be more equitable, as the ordinance levies differential treatment across zones. However, the intent to prohibit homeowners broadly from offering short-term rentals is unmistakable," Portman said in the Wednesday statement.

One supporter of the short-term rental ordinance, Councilman John Jackson, when asked for a reaction to the veto said it showed "a lack of transparency." Council President Michael Ballard, who proposed the ordinance, did not have an immediate response to the veto.

But Portman said he is welcoming more discussion of the issue.

Portman said in his statement that "slight variations" of the ordinance were brought before the council several times in 2022.

"During the final council meeting of 2022, the ordinance was tabled, with a promise by Councilman Michael Ballard that there would be a meeting with the public in January to work out the contended details. This meeting never happened." Portman said.

He said Ballard presented a "restrictive ordinance that was introduced and passed this month by his council-majority bloc."

Portman said that "During public comment, we heard from numerous residents, including residents who share their homes with travel nurses, with visiting artists performing at the Two River theatre, or with people in town visiting family," Portman said.

"We heard from neighbors who had formed an informal supportive network of hosts, some of whom use the extra income in order to afford to stay in their homes. These ways of helping one another would no longer be allowed under Councilman Ballard's new ordinance effectively banning short-term rentals."

He said the ordinance that was approved was "an effort to appease a few people in complete opposition to short term rentals."

"Councilmembers Ballard, Jackson, (Jacqueline) Sturdivant, (Angela) Mirandi, and (Ed) Zipprich ignored the simple and widely acceptable solution - to require that short-term rentals are owner-occupied," Portman said.

He said that solution would "eliminate the concerns raised about individual properties, while preserving the rights of Red Bank homeowners in all districts."

"I believe a governing body that does not listen to its residents and is not forthright about its aims is not an effective governing body," he said.

The vetoed ordinance defines a short-term rental as the "accessory use of a dwelling unit . . . by someone other than the unit’s owner or permanent resident for a period of 28 or fewer consecutive days, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants."

Under the ordinance, short-term rentals are permitted in the Business/Residential 1 and 2 zones; Central Commercial District 1 and 2 zones, and Light Industrial, Neighborhood Business, Highway Business, Waterfront Development and Professional Office zones, with various restrictions outlined in the ordinance. The rentals are not permitted in residential zones. The ordinance as adopted Feb. 8 can be seen on the Borough Council agenda here.

Portman invited any resident who has any concerns about this issue to e-mail him at wportman@redbanknj.org.

Portman also holds open public office hours every Monday from 4 p.m. to 6 p.m., and residents can discuss the issue - or any issue - with him at that time.