Provides criteria for determining whether an individual is a transient occupant

◆ The sponsor's argument

Why Shelley Mayer says this is needed

Under current law, hotel guests who remain in occupancy for thirty days or longer would be considered tenants for purposes of landlord-tenant law. While current law excludes "transient occupants" from the defi- nition of tenant, that term is not defined in statute, resulting in inconsistent application and uncertainty for courts, hotels and guests alike. This ambiguity has created operational and legal challenges for hotels throughout the State. Hotels are intended to provide temporary lodging, yet under current law some guests occupying rooms for extended periods may acquire tenancy protections despite the absence of a lease, tradi- tional residential arrangements or an intent to establish permanent residence. This bill would provide greater clarity and consistency by defining criteria for courts to consider when determining whether someone is a transient occupant. The bill directs courts to consider the totality of the circumstances, including whether the person maintains a primary residence elsewhere, maintains indicia of residence at another location, the location of the person's employment or principal place of business, the purpose of the hotel stay, and any other indicia demonstrating that the premises are being used for temporary lodging. The bill does not exclude all long-term hotel guests from tenant protections, nor does it eliminate judicial discretion. Rather, it establishes a clearer statutory framework to distinguish between indi- viduals using hotels for temporary accommodations and individuals func- tioning as residential tenants. Providing clearer standards will assist courts in making more consistent determinations and help ensure that hotels are able to operate effectively while preserving appropriate legal protections for those whose use of the premises is residential in nature.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.