FAQs

My municipality passed a proclamation like the County Resolution but with different restrictions, which should I follow?: The County Resolution is primary, and the municipal proclamation is supplementary. Administrative Order 2020-08 permitted counties and municipalities “to impose additional restrictions in response to COVID-19 on the ability of hotels, motels, guest houses, or private residences, or parts thereof, to accept new transient guests or seasonal tenants,” and further identified the County Director of Emergency Management as the designee responsible for determining whether any hotel, motel, guest house, or private residence is permissibly housing individuals who are “transient guests or seasonal tenants.” The County Director of Emergency Management will make a determination based upon the County Resolution; however, municipal restrictions that supplement and are not contrary to the County Resolution should also be followed.

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COVID-19 Resolution Questions

1. When does the County’s resolution prohibiting lodging of new transient guests or seasonal tenants take effect?: It took effect April 7, 2020.

2. Has the County’s resolution prohibiting lodging of new transient guests or seasonal tenants been rescinded?

Resolution 317-20 lifted the lodging restrictions effective as follows:
a. Rentals for a duration of greater than thirty (30) days shall be permitted effective 12:01am, Monday, May 11, 2020;

b. Rentals for a duration of less than thirty (30) days shall be permitted effective 12:01am, Monday, June 1, 2020;

c. Hotels and motels may operate at a capacity of 60% of its full capacity effective 12:01am, Monday, June 1, 2020; and

d. Hotels and motels may operate at full capacity effective 12:01am, Monday, June 22, 2020.

3. My municipality passed a proclamation like the County Resolution but with different restrictions, which should I follow?: The County Resolution is primary, and the municipal proclamation is supplementary. Administrative Order 2020-08 permitted counties and municipalities “to impose additional restrictions in response to COVID-19 on the ability of hotels, motels, guest houses, or private residences, or parts thereof, to accept new transient guests or seasonal tenants,” and further identified the County Director of Emergency Management as the designee responsible for determining whether any hotel, motel, guest house, or private residence is permissibly housing individuals who are “transient guests or seasonal tenants.” The County Director of Emergency Management will make a determination based upon the County Resolution; however, municipal restrictions that supplement and are not contrary to the County Resolution should also be followed.

4. What is the penalty for violating the resolution?: Violating the resolution is a disorderly person offense pursuant to N.J.S.A. Appx. A:9-49 and 50. Individuals found guilty of a violating N.J.S.A. Appx. A:9-49 or 50 are subject to a fine of up to $1,000.00 and six months in jail, at the court’s discretion.

5. Are first responders and/or healthcare workers permitted to be lodged by a hotel, motel, campground, guest house or other transient, seasonal and short-term rental business?: Not at the present time. First responders and healthcare workers are permitted to be lodged by a hotel, motel, campground, guest house or other transient, seasonal or short-term rental business only if the lodging is as a result of their official duties. At present neither the Cape May County Department of Health nor the Cape May County Office of Emergency Management have determined a need for this lodging. Any reservation or agreement for lodging should be accompanied by a letter from the Cape May County Department of Health or Office of Emergency Management confirming the need for this lodging.

6. Am I permitted to take reservations, enter rental agreements and accept deposits for future guests or lessees?: Yes, you are permitted to take any and all actions up to the point of delivering possession of the premises. You are prohibited from lodging (delivering possession of the premises) transient guests or seasonal tenants as defined by County Resolution 250-20.

7. Am I able to perform work to prepare my business for the season?: Yes, you can perform work to prepare your business for the season. County Resolution 250-20 prohibits you from lodging (delivering possession of the premises) transient guests or seasonal tenants.

8. I have a condo that I rent during the summer season and want to allow friends, who want to leave New York City, to come stay for free. Does this violate the County Resolution?: Yes, it violates the Resolution. County Resolution 250-20 prohibits the lodging of transient guests or seasonal tenants, whether they are staying for free or being charged up until the dates May 11, June 1 or June 22 date, as applicable.

9. I am currently displaced from my home due to a fire, am I allowed to secure a short term rental under the County resolution?: The purpose and intent of County Resolution 250-20 is to stop individuals who are not residents of Cape May County from coming into the County at this time. Therefore, if you are a resident of Cape May County and temporarily displaced from your home, you are permitted to secure a short term rental under the resolution. If you are not a resident of Cape May County, it is prohibited by County Resolution 250-20.

10. Are seasonal employees permitted to be lodged in a hotel, motel, campground, guest house or other transient, seasonal and short-term rental business?

No, at the present time they are prohibited from being lodged in a hotel, motel, campground, guest house or other transient, seasonal and short-term rental business. The intent of County Resolution 250-20 is to stop all individuals who are not permanent residents of Cape May County from coming into Cape May County while wecombat the spread of COVID-19. The County’s goal is to rescind this travel restriction as soon as it is no longer detrimental to the health and welfare of our residents.

It is permitted consistent with the dates contained in County Resolution 317-20; specifically:

a. Rentals for a duration of greater than thirty (30) days shall be permitted effective 12:01am, Monday, May 11, 2020;

b. Rentals for a duration of less than thirty (30) days shall be permitted effective 12:01am, Monday, June 1, 2020;

c. Hotels and motels may operate at a capacity of 60% of its full capacity effective 12:01am, Monday, June 1, 2020;

d. Hotels and motels may operate at full capacity effective 12:01am, Monday, June 22, 2020.

11. I am in the Coast Guard and there is no base housing available for me. Will I be able to rent a house when I arrive?: Yes, members of the armed forces are excluded from the prohibition.

12. Do I have to evict transient guests or seasonal tenants who are already here?: No. Resolution 250-20 states that existing guests and tenants should not need to be evicted.

13. Any suggestions on canceling or refund policy?: The New Jersey Senate just introduced S.B. 2345 requiring a refund or credit for transient space reservations when public health emergency or state of emergency is in effect. Further, the County anticipates our business community or property owners would refund any deposits or payments received for a reservation or short-term rental that is cancelled due to the COVID-19-related travel restrictions.

14. Do I have to pay my mercantile license?: You should consult your municipality for direction.

15. If I booked a reservation for a future rental and this resolution still in place, do I need to cancel?: Yes, you should cancel if Resolution 250-20 is still in place on the date you are scheduled to be lodged in a hotel, motel, campground, guest house or other transient, seasonal and short-term rental business.