
Donald M. Pepe
Partner
732-568-8370 dpepe@sh-law.comFirm Insights
Author: Donald M. Pepe
Date: June 29, 2017

Partner
732-568-8370 dpepe@sh-law.comThe New Jersey Assembly recently passed legislation that would impose taxes on “transient space marketplaces” like Airbnb. The bill, Assembly Bill No 4587, now heads to the state Senate.

According to Airbnb, approximately 6,000 New Jersey “hosts” earned more than $50 million last year. Nonetheless, an increasing number of New Jersey municipalities are placing restrictions on short-term home rentals. They include Palisades Park, Englewood Cliffs, Fort Lee, Lyndhurst and Glen Rock. Other cities, including Newark and Jersey City, have negotiated agreements directly with Airbnb to collect a six (6%) percent tax.
Under current law, New Jersey imposes the sales and use tax and the hotel and motel occupancy fee on the rent for each hotel room. In addition, current law authorizes municipalities to impose various taxes and fees on the rent for each hotel room in those municipalities.
AB 4587 would extend the state sales and use tax and hotel and motel occupancy fee to transient accommodations. A transient accommodation is defined in the bill as a “room, group of rooms, or other living or sleeping space for the lodging of occupants, including but not limited to residences or buildings used as residences.”
The proposed legislation also authorizes municipalities to impose the following taxes and fees on transient accommodations where applicable:
“Our laws need to be updated to keep up with changes brought about by new technology,” the bill sponsor, Assemblywomen Annette Quijano, said in a statement. “The fact that taxes are not paid for stays at locations rented through sites like Airbnb, but are applied to stays in hotels is an unfair advantage that hurts the hospitality industry and takes funding away from municipalities for important programs. This bill levels the playing field and provides tax fairness for the entire hospitality industry in New Jersey.”
Lawmakers are also considering additional legislation to regulate short-term rentals. Among other provisions, Assembly Bill No. 4441 would codify that municipalities are authorized to ban short-term home rentals by requiring a minimum 30-day rental agreement and would require hosts to first register with their municipality.
For more information about the proposed bill to tax transient accommodations or the legal issues involved, we encourage you to contact a member of Scarinci Hollenbeck’s Government Law Group.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!