Sparta Township's Short-Term Rental Ban Upheld in Court

In a significant legal victory, Sparta Township has successfully defended its ordinance prohibiting short-term rentals of less than 28 days.

 

On August 19, 2025, Judge Stuart Minkowitz ruled in favor of the township, dismissing the lawsuit filed by Edelweiss Realty LLC.

 

The legal challenge, initiated on June 27, 2024, contested Ordinance 24-04, which was enacted on April 9, 2024.

 

The ordinance received support from Mayor Neill Clark, Deputy Mayor Dean Blumetti, Councilman Dan Chiarello, and Councilwoman Christine Quinn, with Councilman Josh Hertzberg opposing.

 

Township Attorney Anand Dash of Kennedys CMK LLP argued that the ordinance falls within Sparta's municipal police powers to protect public health, safety, and welfare.

 

Judge Minkowitz concurred, stating that the ordinance does not constitute an unlawful "taking" and that there is no constitutional right to the most profitable use of property.

 

The ruling allows enforcement regardless of when the rental use began and affirms that preexisting uses are not "grandfathered" under public welfare regulations.

 

This decision may set a precedent across New Jersey, offering legal protection to other towns with similar ordinances.

 

Community reactions have been mixed.

 

Some residents support the ban, citing concerns about noise, parking, and the preservation of neighborhood character.

 

Others, including property owners who relied on short-term rentals for income, have expressed disappointment.

 

In response to the ordinance, a petition titled "Stop the Ban on Short-Term Rentals in Sparta, NJ!" was launched, gathering over 300 signatures.

 

Petitioners argue that the ban negatively impacts the local economy and property owners' rights.

 

As Sparta moves forward with enforcing the ordinance, the community continues to grapple with balancing economic interests and residential quality of life.

 

Other municipalities in New Jersey are closely watching the outcome, as they consider similar regulations to address the challenges posed by short-term rentals.