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Loophole Keeps Illegal Hotels Open

060710timessquare.jpg
Filled with illegal activity!
Looks like Williamsburg isn't the only neighborhood where the illegal hotel business is booming. Times Square is starting to get its own cropping of shady lodgings, and the city is having a hard time shutting them down.

One such hotel is Jazz on Times Square, which charges $40 a night to sleep in a bunk bed in a neighborhood zoned for residential use only. And though they were shut down in January, they paid $3,200 in fines and reopened. It would be logical to believe the city could just shut them down again, but City Council Speaker Christine Quinn told the Daily News it's not easy for someone in a position of authority to stop others from doing illegal things. "Closing down illegal hotels is much more challenging than it should be. We tried to find a hook in city law that would let us do it, and we couldn't."

A 2009 Appellate court decision ruled that a hotel is legal if a majority of the single-room units are leased for over 30 days a month, and it's that vague loophole that keeps many illegal hotels from being shut down permanently. Many landlords will kick out residents and market the empty rooms as hotels, but by keeping the majority of the rooms as rentals they can avoid violations. To make matters worse, the Jazz on Times Square building is owned by the charity Women in Need, who rented the building to the hotel owners once they stopped using it as a homeless shelter. The building retains its nonprofit exemption status, and barely pays property taxes.

Someone from the Finance department did check out the hotel, and said, "We found it was operating as a hotel. We're removing the charitable exemption." The NYC Building's Department website says there is a partial stop work order on the property, but there is no language indicating it's operating illegally. However, the hotel's website says there is a minimum six night stay for anyone booking a room. Not quite 30 days a month, but a possible loophole in action?!

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Comments [rss]

  • really!?!?

    "One such hotel is Jazz on Times Square, which charges $40 a night to sleep in a bunk bed in a neighborhood zoned for residential use only."

    Wrong, as their CO clearly states(http://a810-cofo.nyc.gov/cofo/... it is in a commercial zone, C1-5. It is illegal because they are using it commercially when the building occupancy use classification is residential, which is a non-conforming use in a commercial zone, but legal as it is grandfathered in this case.

    There is a lot of confusion on the topic of illegal hotels, particularly because there are so many different ways the city has defined hotel and apartment over the last century and the very blurry line that has always existed between the two. It all comes down to technicalities in the CO of each individual property. Writing post like this one, that lump together cases that have nothing to do with one another and misstating facts, adds to the confusion.

    Please do a little more research, all it takes is a 2 minute search on DOB's website to pull up a CO, be a bit more careful what you write. Or just don't write about the topic.

  • Donny Moss

    This article suggests that Christine Quinn believes that it's important to obey the law. It would be nice if she obeyed it once in awhile: http://www.youtube.com/watch?v=yXoANkQh93I

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