BSA Improperly Classified Building

The Board of Standards and Appeals (BSA) classified landlord's residential hotel as belonging to Occupancy Group J-1, ''primarily occupied on a day-to-day or week-to-week basis.'' Under this designation, the building had fire code violations. Landlord appealed the determin- ation, claiming it was unreasonable. The trial court and appeals court ruled for landlord. The building was actually occupied by permanent tenants, not hotel guests. So it should be classified as J-2, ''primarily occupied . . . on a month-to-month or longer term basis.'' The fire code requirements were less stringent for J-2 buildings. City law specifically stated that the purpose of the J-1 classification was to protect transients who were unfamiliar with the building's means of fire escape.

Greystone Hotel Co. v. City of New York Board of Standards and Appeals: NYLJ, p. 26, col. 1 (4/27/95) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Rubin, Williams, Tom, JJ)