An appellate court upheld the finding of the NYC Environmental Control Board that the petitioner violated the City Administrative Code and the Zoning Resolution by using the premises primarily as a transient hotel. The Court said that this finding was supported by substantial evidence, “including the inspector’s unrefuted testimony that he entered 90% of the rooms, spoke to guests concerning the length of their stays, and observed that at least 60% of the premises was being used as a transient hotel. This conclusion was supported by…the existence of rooms with three piece bathrooms with toilet seats, towels placed on towel racks, coffee makers, mini-bars, the provision of housekeeping service, and a notice warning guests that staying past check-out time would cause them to be charged for an extra day.”
The court also noted that the petitioner did not established that the transient hotel was a lawful non-conforming use.
In re Grand Imperial, LLC v City of New York, 2014 WL 862069 (NYAD 1 Dept. 3/6/2014).