Section 11-2501. Definitions  


Latest version.
  • When used in this chapter the following terms
      shall mean or include:
        1.  "Person."  An  individual,  partnership,   society,   association,
      joint-stock  company,  corporation, estate, receiver, trustee, assignee,
      referee, or any other person acting in  a  fiduciary  or  representative
      capacity,  whether appointed by a court or otherwise and any combination
      of individuals or of the foregoing.
        2. "Operator." Any person operating a hotel in the city of  New  York,
      including, but not limited to, the owner or proprietor of such premises,
      lessee,  sublessee, mortgage in possession, licensee or any other person
      otherwise operating such hotel.
        3. "Occupant." A person who, for a consideration, uses, possesses,  or
      has  the right to use or possess, any room or rooms in a hotel under any
      lease, concession, permit, right of access,  license  to  use  or  other
      agreement, or otherwise.
        4.  "Occupancy."  The  use  or  possession, or the right to the use or
      possession of any room or rooms in a hotel, or the right to the  use  or
      possession  of  the  furnishings  or  to the services and accommodations
      accompanying the use and possession of the room or rooms.
        5. "Hotel." A building or portion of it which is  regularly  used  and
      kept  open  as such for the lodging of guests. The term "hotel" includes
      an apartment hotel, a motel, boarding house  or  club,  whether  or  not
      meals are served.
        6. "Room." Any room of any kind, other than a bathroom or lavatory, in
      any  part  or portion of a hotel which is available for, or let out for,
      use or possession for any purpose other than  a  place  of  assembly  as
      defined in section 27-232 of the code.
        7.  "Rent."  The consideration received for occupancy valued in money,
      whether received in money or otherwise, including  all  receipts,  cash,
      credits,  and  property or services of any kind or nature, including any
      service and/or booking fees that are a condition of occupancy, and  also
      any  amount  for  which  credit  is  allowed  by  the  operator  or room
      remarketer to the occupant, without any deduction therefrom whatsoever.
        8. "Permanent resident." Any occupant of any room or rooms in a  hotel
      for  at  least one hundred eighty consecutive days shall be considered a
      permanent resident with regard to the period of such occupancy.
        9. "Commissioner of finance." The commissioner of finance of the city.
        10. "Comptroller." The comptroller of the city.
        11. "Tax appeals tribunal." The tax appeals  tribunal  established  by
      section one hundred sixty-eight of the charter.
        12.  "Room remarketer." Any person, excluding the operator, having any
      right, access ability or authority, through an internet  transaction  or
      any  other  means  whatsoever,  to  offer,  reserve,  book, arrange for,
      remarket, distribute, broker, resell,  or  facilitate  the  transfer  of
      rooms the occupancy of which is subject to tax under this chapter.
        13.  "Net  rent."  The  rent  received  by  an  operator  from  a room
      remarketer.
        14. "Additional rent."  The  excess  of  the  rent  received  from  an
      occupant by a room remarketer over the net rent.