Lynch, Milmed and Antell.
[149 NJSuper Page 114] This is an appeal from a final decision and order of the Department of Community Affairs (Department) ordering appellants: (1) to permit the Department to
inspect their dormitories as "hotels" under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.; and (2) to register their buildings with the Department.
Appellants sought an administrative determination as to whether, under the named statute, the Department had jurisdiction over their private school dormitories. As used in the Hotel and Multiple Dwelling Law, the terms "hotel" and "unit of dwelling space" and "multiple dwelling," are defined as follows:
The term "hotel" shall mean any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.
This definition shall also mean and include any motor hotel, motel, or established guesthouse which is commonly regarded as a motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided, that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such. [ N.J.S.A. 55:13A-3(j)]
The term "unit of dwelling space" or the term "dwelling unit" shall mean any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
The term "multiple dwelling" shall mean any building or structure of one or more stories and any land appurtenant thereto, and any
portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other, provided, that this definition shall not be construed to include any building or structure defined as a hotel in this act, or, registered as a hotel with the Commissioner of Community ...