[RPPTL LandTen] Residential Eviction issue - transients

[Neil B. Shoter]

Members, the following issue relating to removal of transient occupants has been brought to our Committee's attention. One attorney is pushing a statutory change on the issue.

A number of transient hospitality establishments/hotels in the heart of the tourist area that have opened up their establishments to misplaced "refugees" from weather catastrophes or other "acts of God" (at daily rates) and who have become more long term guests - have reported these establishments to be their residences - and in some instances, have even had drivers licenses showing the hotel as their home address. Law enforcement - and now a local court - have refused to allow these guests to be "locked out" and have looked upon these guests as "tenants" and requiring the hotel to file evictions (and sympathetic to their plight) are refusing to enter those judgments allowing the issuance of writs. So, they are stuck with non-paying guests in their hotels and the inability to have them removed. He is in the process of appealing at least one of these decisions now.

The attorney (Philip Kaprow of the Vose Law firm) has also drafted a bill and apparently already has a legislator on board to sponsor it...in addition to having the support of the hospitality community to push this forward.

We will be getting a copy of the draft legislative proposal shortly and we will pass it on to you for input.

In the meanwhile, if you have any insight or opinions on this specific problem, please email our Legislative Chair, Scott Frank directly.   Those of you who are participating in the comments to Part 2/Section 83 can also discuss this issue during your next phone call meeting.

Neil

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Neil B. Shoter
Partner / LEED Accredited Professional
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