NYC DOB Issues Guidelines for Temporary Dormitory Use in Hotels

The New York City Department of Buildings (DOB) recently issued guidelines describing the application process for certain educational institutions to obtain approval for temporary student dormitory use of hotels, in accordance with Mayor de Blasio’s Emergency Executive Order No. 132, issued on July 14 (EEO 132), permitting such temporary use.   

Eligible education institutions include degree-granting, post-secondary institutions and elementary or secondary institutions providing full-time day instruction and course of study needed to fulfill the state’s compulsory school requirements.

Eligible hotels must:

• be located in zoning districts where both Use Group 3 student dormitories and Use Group 5 transient hotels are permitted on an as-of-right basis, pursuant to the applicable use regulations of the Zoning Resolution of the City of New York;
• contain no immediately hazardous conditions and have resolved all immediately hazardous violations, in accordance with the City Construction Codes; and
• have been issued a permanent or temporary certificate of occupancy that is currently in effect and that establishes lawful “Group R-1” transient hotel use and occupancy, pursuant to the City Construction Codes.

DOB’s approval of an application will come in the form of a Temporary Authorization of Dormitory Use (TADU). An application for a TADU must include a copy of the contract or license agreement between the hotel owner and the educational institution, specifying the affected floors and the period of time for which they will be used and information regarding the existing and proposed uses of and occupancies for each floor. Partial use of hotel floors for dormitory use is not permitted. There is no fee for the grant of a TADU under these guidelines.

Once issued, the TADU will be in effect until the sooner of EEO 132’s expiration and the termination of the contract or license agreement between the educational institution and the hotel owner. Pursuant to city and state law, the mayor must reissue any emergency executive order every five days; since March, the mayor has continued to reissue, as appropriate, COVID-19-related executive orders.

Clients and contacts are encouraged to reach out to the Kramer Levin Land Use and Real Estate departments for further information regarding eligibility of hotel sites and the negotiation of contracts or license agreements between the parties.