Class 1 & 6: Extended Stay and Single Room Occupancy Hotels and Motels Last Document Review Date: September 29, 2014 Last Legal Review Date: July 18, 2013 TABLE OF CONTENTS Introduction ......................................................................................... 3 In Scope ..................................................................................... 3 Out of Scope ............................................................................... 3 Executive Summary .............................................................................. 3 Background....................................................................................... 4 Compliance Checklist ............................................................................ 5 Legal Direction ..................................................................................... 6 Classification – General ...................................................................... 6 Classification – Class 6 – Business and Other ........................................ 6 Classification – Class 1 – Residential .................................................... 7 Split-Classification ............................................................................. 7 Form: Hotel Room Occupancy Declaration ............................................ 8 Appendix A: Decisions Concerning Extended-Stay and Single Room Occupancy Hotels or Motels ................................................................. 10 Stated Cases ................................................................................... 10 Board Decisions ............................................................................... 12 Appendix B: Case Studies Concerning Extended Stay and Single Room Occupancy Hotels or Motels ................................................................. 18 Scenario 1 ...................................................................................... 18 Facts ........................................................................................... 18 Classification ................................................................................ 18 Scenario 2 ...................................................................................... 18 Facts ........................................................................................... 18 Classification ................................................................................ 19 Scenario 3 ...................................................................................... 19 Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 1 Facts ........................................................................................... 19 Classification ................................................................................ 19 Scenario 4 ...................................................................................... 19 Facts ........................................................................................... 19 Classification ................................................................................ 20 Scenario 5 ...................................................................................... 20 Facts ........................................................................................... 20 Classification ................................................................................ 20 Scenario 6 ...................................................................................... 20 Facts ........................................................................................... 20 Classification ................................................................................ 21 Scenario 7 ...................................................................................... 21 Facts ........................................................................................... 21 Classification ................................................................................ 21 Scenario 8 ...................................................................................... 21 Facts ........................................................................................... 21 Classification ................................................................................ 22 Scenario 9 ...................................................................................... 22 Facts ........................................................................................... 22 Classification ................................................................................ 22 Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 2 INTRODUCTION The purpose of this document is to achieve consistent assessment of extended-stay and single room occupancy (SRO) hotels and motels throughout British Columbia. In Scope These SRO properties are within the scope of this document. This document also deals with non-stratified hotels and motels. Out of Scope Stratified properties are beyond the scope of this document. For guidance in relation to stratified accommodation properties, please refer to Classification of Strata Lots Used for Short-term Overnight Accommodation (SAPs). EXECUTIVE SUMMARY This document provides direction for consistent classification of an accommodation property that is used for both shortterm overnight accommodation and monthly rental. The key issue is determining whether a property is a “hotel” and also whether certain rooms in a property are merely used for long-term accommodation or are exclusively dedicated for this use for a 12-month period ending October 31, in order to be classified in whole or in part as Class 1 – residential. 1. In order to divide the classification between Class 1 and Class 6 – business and other, a property must not be operating wholly as a hotel or motel. 2. If a property is operated exclusively as a hotel or motel (i.e., with short-term accommodation available for all rooms), the property should be classified as Class 6 only except for any portion that is used by the manager for his or her residence. 3. Where properties that have rooms dedicated exclusively for monthly rental for the 12-month period ending October 31 the classification of the property will be split between Class 1 Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 3 and Class 6, with Class 1 for the rooms that are so dedicated and Class 6 for the rooms that are not. Background Properties in Class 1 include properties that are used residentially. Section 1(a)(i) in B.C. Regulation 438/81, the Prescribed Classes of Property Regulation, specifically excludes from Class 1 “hotels or motels other than the portion of the hotel or motel building occupied by the owner or manager as his or her residence”. The first step in classifying a hotel or motel, therefore, is to determine whether the property in question is a hotel or motel. This document provides criteria for making this determination. Once it has been determined that a property is a hotel or motel, the next step is to consider whether all or part of it has been exclusively dedicated for monthly tenancy as opposed to daily or weekly rental. Dedicated monthly rooms are deemed to be unavailable for daily or weekly rental at anytime. If a portion of a property has been dedicated for monthly rental, then that part of the hotel or motel will qualify for classification as Class 1 because that portion of the property is not a hotel or motel for a 12-month period ending October 31. October 31 is the date for determination of a property's classification. Section 10 of B.C. Reg. 438/81 provides the authority to the assessor to split the classification of a property where the property falls into two or more classes, which in this case would be Class 1 and Class 6. See Appendix A for relevant case summaries. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 4 COMPLIANCE CHECKLIST The following is a list of items that must be completed in order to be considered compliant with this document: 1. Where a non-stratified property is used exclusively as a hotel or motel, it must be placed entirely in Class 6; except for any portion used by the manager for his/her residence. 2. Where a non-stratified hotel or motel is being used for monthly rentals, or both short-term overnight accommodation and monthly rentals, and has rooms that are dedicated exclusively for monthly rental for the 12-months period ending October 31, the classification must be split between Class 1 and 6 according to the guidelines set out in this document. 3. Common areas should be classed based on the split based on the rest of the non-stratified hotel or motel unless it can be determined that the area is used or set aside for the exclusive use of either Class 1 or Class 6 purposes. 4. Portions of these non-stratified hotel or motels that are used by individual tenants' ancillary to their accommodations should be classed consistent with the unit to which they are ancillary. 5. Occupancy information to support classification of SRO rooms dedicated for short/long-term rental should be collected annually (cover letter and form). Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 5 LEGAL DIRECTION Classification – General This document applies to non-stratified hotels and motels. Wherever the phrases “hotels and motels” or “hotels or motels” appears, it must be read as applying to non-stratified properties. Hotels and motels are specifically excluded from Class 1. This suggests that hotels and motels would be considered residential use without this exclusion. If they were not, there would be no need to specifically exclude them from Class 1. In order to divide the classification between Class 1, and Class 6, a property must not be operating wholly as a hotel or motel. If a property is operated exclusively as a hotel or motel (i.e., with only short-term accommodation available), the property should be classified as Class 6 only except for any portion that is used by the manager for his or her residence. However, for properties that have rooms dedicated exclusively for monthly rental the classification of the property will be split between Class 1 and Class 6, essentially because the areas that are dedicated exclusively for monthly rental lose their character as hotel or motel, and are more analogous to an apartment. Classification – Class 6 – Business and Other Class 6 applies to buildings or portions of buildings having two or more of these indicators of operation as a hotel/motel operation: o Four or more accommodation units o Short-term room tenures, evidenced by daily or weekly rates o Daily control of premises, such as charging for additional guests, checking of rooms, and requirements to register guests o Provision of typical hotel/motel services, such as front desk operations, guest registered, dining rooms or cafés, daily linen and maid service or baggage checking o No separate or identifiable areas designated for longterm accommodation Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 6 o Advertising of rooms offered for daily/weekly rental via tourist accommodation publications or website Classification – Class 1 – Residential Class 1 applies to buildings or portions of buildings that have the following indicators of residential use: o Monthly or longer tenancies, offered for a period of 12 months ending October 31 of the year during which the assessment roll is completed o Rooms not available at any time for short-term, transient guests (e.g., daily or weekly rentals) o Separate, identifiable area dedicated for residential use (as opposed to regular short-term rental rooms used for monthly rental purposes on an ad hoc basis). In addition, the following indicators may also support a finding of residential use: o Limited control of premises (e.g., no requirement to register guests, infrequent checking of rooms) o Limited guest services (e.g., little or no front desk operations) NOTE The above list is not necessarily exhaustive. Split-Classification In the case of a hotel/motel, if a portion of it has been dedicated for monthly tenancy for a 12-month period ending October 31, that portion can be classified as Class 1. It is not appropriate to split the classification of property where part of the property is merely used for monthly tenancies, if those areas are still operated as a hotel/motel at other times during a 12-month period ending October 31. In this case, those areas will continue to qualify as Class 6. In order for areas to qualify for Class 1, they must be dedicated exclusively for monthly rental during a 12-month period ending October 31. In terms of common areas of buildings, if it can be determined that the area is used exclusively for Class 1 purposes or Class 6 purposes (or the area is set aside exclusively for one or the other use) then it should be classed Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 7 respective to the classification of the building. However, in any situation of doubt, a common area (i.e., storage room) should be split based on the split of the rest of the property. Portions of properties that are not specifically used for accommodation, but are used by individual tenants for purposes ancillary to their accommodation (e.g., parking stalls or storage lockers) should be classified consistent with the classification of the accommodation unit to which it is ancillary. For example, a parking stall that is set aside for use only by the tenants of rooms dedicated exclusively to extended-stay purposes should be in Class 1. In order to make this classification determination, the use of the area should be identified, typically by way of a sign. Portions of properties that are available for use by any guest, regardless of the length of stay, or for any other purpose shall be classified in the same manner as any other common area of the subject property. Form: Hotel Room Occupancy Declaration The split-classification of a property should be done on the same basis as the valuation of that property. Annually, an appraisal assistant should make a request for occupancy information by sending the Hotel Room Occupancy Declaration Cover Letter and Form to the owner or manager of SROs, extended-stay hotels and motels and any hotel or motel known to have historically been split classified. If there are multiple owners of the property, the form should be sent to all owners on title. The form is provided as an optional method of receiving occupancy information. The provision of the occupancy information is not optional, but the owner or manager has the choice of providing a letter detailing the occupancy information instead of filling out the form. The form is provided as a customer service initiative, for the convenience of the owner or manager. The purpose of the form is to assist BC Assessment (BCA) in determining the number of rooms dedicated exclusively for short-term or long-term rental. The form clearly states that rooms dedicated for monthly rental must be unavailable for daily or weekly rental at anytime of the year. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 8 If: o The assessor has reason to doubt the accuracy of the information provided in a returned form, or o The Hotel Room Occupancy Declaration Cover Letter and Form has not been returned to the area office on or before October 31 of the year; then no follow-up letter is required to be sent out, and the assessor may assess the property in the manner and for the amount he or she believes to be correct as per section 15(4) of the Assessment Act (e.g., the assessor can classify the property as Class 6). Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 9 APPENDIX A: DECISIONS CONCERNING EXTENDED-STAY AND SINGLE ROOM OCCUPANCY HOTELS OR MOTELS Stated Cases 1. Hennessy v. Assessor of Area 01 – Capital (1996, Stated Case 367, BCCA) The subject property was a bed and breakfast operation with a main guesthouse and ancillary cottages, as well as kayak rentals and other revenue-raising facilities. The property was classed as Class 6 except for that part of the guesthouse occupied by the owner. HELD: There was evidence before the Board to support its finding that the guesthouse is a hotel or motel, a portion of which was occupied by the owners and their family, and was properly classified Class 6 rather than Class 1. 2. Assessor of Area 04 – Nanaimo/Cowichan v. Hermit Holdings Ltd. (1995, Stated Case 363, BCSC) The subject property was corporately owned. The Assessment Appeal Board found as a fact that the subject property was a 14-unit motel with a manager's suite. The manager's suite was occupied by a representative of the corporate owner. The Assessment Appeal Board granted residential classification to the manager's suite. The assessor appealed on the basis that only the portion of a motel used by the owner as his residence could be given a residential classification. The manager's suite was not occupied by the owner. HELD: The Assessment Appeal Board found as a fact that the manager's suite was not part of the motel. Consequently, section 1(a)(i) of B.C. Regulation 438/81 had not been relied upon by the Board. In the circumstances there was no question of law to be decided and the Court had no jurisdiction to deal with the stated case. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 10 3. Eugene Mah v. Assessor of Area 09 – Vancouver (1995, Stated Case 376, BCSC) The appellant owned a building that had 72 rooms offered for rental on a daily, weekly or monthly basis. The room rental rates were set in accordance with the rental allowance for single recipients of social assistance. The rooms were usually rented for a month or longer. The building also had a licensed pub and retail store on the main floor. The appellant submitted that the building was not a hotel and should be classified as Class 1. HELD: The Board held that the building was a hotel due to the presence of a 24-hour desk clerk, a guest register, chambermaids and hotel rules. The Board found the entirety of the property should be classified as Class 6. The Court agreed with the Board’s decision. 4. St. Helen’s Hotel (Vancouver) Ltd. v. Assessor of Area 09 – Vancouver (1984, Stated Case 189, BCSC) At issue was whether or not the residential hotel was assessable under Class 6, or either Class 8 – seasonal accommodation or Class 1. The Assessment Appeal Board held that the subject residential hotel should be classified as business and other. The appellant appealed by way of stated case on the grounds that the rooms of the residential hotel should be classified as either seasonal accommodation or residential. HELD: 1. The rooms could not be classified Class 1 since on the facts of the case the Board had properly held that the operation of the rooms were such that they were a hotel and hotels are specifically excluded from the residential classification. 2. That the rooms could not be classified as seasonal resort pursuant to classification 8(a) because classification 8(a) covers facilities that have a seasonal business and the evidence here established that the operation of the premises were such that there was no "on-season" or "off-season" and therefore the business could not be found to be seasonal. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 11 NOTE Since this decision, Class 8 – seasonal accommodation was eliminated. 5. C.E. Holdings Ltd. v. City of Vancouver (1975, Stated Case 84, BCSC) The subject property was an auto/tourist court type of motel with several detached cottages, many with housekeeping facilities. The issue was whether the property was considered as residential under the Assessment Equalization Act and particularly, whether it was “used for residential purposes”. HELD: The adjective “residential” conveys the sense of dwellings occupied, by one or more persons, for a period of some time. They are places occupied by residents. A resident by definition is not migratory. The dictionary sense of the word “resident” is one who abides in a place and that sense is contrary to the use made by its transient population of the property in question. Board Decisions 1. D B A Shato Inn v. Assessor of Area 09 – Vancouver (2007, PAAB – refer to as PAABBC 20070249, decision dated August 10, 2007) The appellant argued that the classification of the subject property should be predominately residential because his property is an apartment. He argued that it is not fair that his assessment is based on the highest and best use (HBU) being an apartment, but he is being taxed or classified as a hotel. The assessor contended that the rooms are predominately rented or available for rent for short-term stays, not longterm stays, and as such, cannot meet the requirements of residential classification. HELD: Other than the suites used by the owner/manager the suites are not used for a residential purpose, but are rented or available for rent for short-term stays. As such, regardless of what the operation is called (i.e., the name of the owner of the property is Shato Inn Apartment Hotel), the suites are used for hotel or motel purposes, which is for short-term, overnight accommodation, which is not a residential purpose Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 12 as required by the Regulation. The assessor’s recommended split between residential and business and other classification was accepted. 2. Traveller’s Inn Motels v. Assessor of Area 01 – Capital (2005, PAAB – refer to as 2006 PAABBC 20060505, decision dated September 15, 2006) The appellant argued that the classification of the subject property should be split between Class 1 and Class 6 because some of the motel was, on occasion, used for extended stays. The assessor argued that Class 6 was appropriate. HELD: Some common factors to be considered in finding a property to be operating as a hotel or motel include: o No rooms specifically set aside exclusively for monthly or long-term rental o Rooms available on a daily or weekly basis o 24-hour front desk for guest services o Availability of maid or housekeeping services o Hotel rules (as distinct from residential tenancy rights) that guests must accept o A central phone system The property offers overnight accommodation on-line without published restriction relating to the availability of long-term stay units, and services within the public's customary expectations of a hotel/ motel. The property has rules that appear to be designed to keep guests from attracting residential tenancy rights. The location and design of the structure are consistent with what is expected of a hotel/ motel. There is no proof that any rooms are set aside exclusively for long-term accommodation. The business operating on the property is a hotel or motel. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 13 3. Gaska v. Assessor of Area 09 – Vancouver (2004, PAAB – refer to as 2005 PAABBC 20050017, decision dated January 21, 2005) The lot is 66 feet wide by 131 feet long, and the building totals 12,969 square feet of apartments and a further 560 square feet of storage, elevator and furnace rooms in the basement level. The building is comprised of 23 units, with two reserved for the owner’s use. In total, there are 13 bachelor units and 10 one-bedroom units. There are 17 underground parking stalls. The owner initially operated the property as a long-term rental property, but after difficulties with tenants, he converted the property to a hotel. The hotel operation has declined in recent years, and now six rooms only are reserved for hotel use, two are used residentially, and the remainders are not used for anything. HELD: The assessor has treated the subject property in the same manner as comparable properties (i.e., the Oceanside and the Buchan Hotels). All are valued on the income approach, and each has a portion of their property in the residential class, based on the portion dedicated to long-term residential occupation. 4. Hermit Holdings Ltd. v. Assessor of Area 04 – Nanaimo/Cowichan (2002, PAAB – decision dated February 27, 2003) This appeal concerned valuation and the correct apportionment of property classification between Class 1 and Class 6 for the Holiday House Motel located in the town of Ladysmith. The improvements, constructed in 1967, consist of 14 motel units plus a manager's suite. HELD: The Prescribed Classes of Property Regulation (B.C. Reg. 438/81) includes in Class 1 those properties used for residential purposes but excludes those used for motels other than that portion occupied by the manager as his or her residence. The parties agree the manager's suite qualifies for residential classification. They disagree on what area is actually attributable to Class 1. The Board accepts that the manager uses one of the units in the motel for personal use (storage), and that that use is residential use and not ancillary to any motel use. The Board further finds that even Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 14 occasional storage of motel items would not detract from the residential use. The Regulation does not stipulate that the area used by the manager as his or her residence be one contiguous space. It simply states that to be included in residential classification the area must be used residentially. Since the Board finds the use is residential, it is immaterial whether unit used for personal storage is contiguous to the balance of the manager's residence. It is the use, and not the location within the motel property, which determines classification. 5. Flamingo Enterprises Ltd. v. Assessor of Area 10 – Burnaby/New Westminster (1998, PAAB) The operation of the subject property parallels the facts in Mah. There is a reception desk, rules posted, excessive noise and pets are not permitted, there was no evidence that there are cooking facilities or food preservation facilities in the rooms, the telephone system goes through a central switchboard, there is maid service based on the length of occupancy and there is a restriction on guests in the rooms after 10:30pm. HELD: Based on the evidence, and relying on the Mah decision, the Board found the subject property is a hotel for assessment purposes. Land or improvements or both will be classified as residential if they are used for residential purposes, except when specifically excluded by the regulation. As a hotel, the subject is excluded from residential classification by the wording of the regulation. Therefore, regardless of the actual use of the room portion or length of stay of the occupants, no portion of the subject property can be classified as residential. 6. Khizanah & Princeton Hotel v. Assessor of Area 09 – Vancouver (1997, AAB) The St. Helen’s and Princeton hotels offer rooms for weekly and monthly rental and 24-hour desk operation. HELD: Both properties should be classed as Class 6 as they operated as hotels. The Board also stated that where room portions are set aside exclusively for monthly rental, those portions will be classified as Class 1. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 15 7. Cecil Hotel & Westburg Holdings v. Assessor of Area 09 – Vancouver (1995, AAB) The subject property is a hotel; the hotel portion is licensed as a hotel lobby and the sleeping units, and the services provided to occupants, are the same or similar to those founding all hotels. HELD: The room portion of the Cecil Hotel is a hotel for assessment purposes, based on its operation as a hotel. Since Regulation 438/81 in section 1(a)(i) specifically excludes “hotels or motels other than the portion of the hotel or motel building occupied by the owner or manager as his or her residence”, the Board found that the assessor appropriately classified the subject property in its entirety as Class 6. 8. Shato Inn Mike Gaska v. Assessor of Area 09 – Vancouver (1994, AAB) The owner built the inn and he and his wife have managed it since it opened. They occupy the manager’s suite, a one bedroom and a bachelor combined into one unit of 870 square feet. They have a license from the city to rent 22 units. In the mid 1980s, the owner converted from 23 units (nine one-bedrooms and 13 bachelors) to 26 bachelor units, by removing some kitchens and installing bathrooms. There is no restaurant or beverage facility. The assessor valued the manager's suite by allocating a rent value based on the rentals achieved for similar accommodation in a West End apartment (Appendix 12, following the zoning by-laws). From the annual rental, less vacancy and expense allowances, he concluded a net operating income of $6,111. He calculated the split between the residential and business classes based on the contribution of the respective uses to the income of the whole property. This resulted in a class split of approximately 5.8 percent residential and 94.2 percent business and other. HELD: The Board accepts the assessor’s rental potential and finds the apportionment to be 7.5 percent residential. Neither party included income from the manager’s suite in the potential gross revenue, which, in the Board’s opinion, should have been included. However, given that neither party included it nor that it was not discussed at the hearing, the Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 16 Board had no option but to disregard this component of income and expenses. 9. Schodt and Schodt Enterprises Ltd v. Assessor of Area 13 – Dewdney/Alouette (1988) HELD: A motel is a building which provides accommodation to a transient population, and which is operated with this purpose in mind. It does not become residential property because more than 50 percent of its rooms are regularly rented to persons staying longer than 60 days. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 17 APPENDIX B: CASE STUDIES CONCERNING EXTENDED STAY AND SINGLE ROOM OCCUPANCY HOTELS OR MOTELS Scenario 1 Facts Has limited amenities; infrequent checking of rooms, no guest registration. The majority of the rooms are dedicated for monthly rental for a 12-month period ending October 31 (excluding the property manager/owner’s residence). The remainder of the total number of rooms are offered for daily or weekly rental. The rooms dedicated for monthly rental are equipped with kitchen facilities. Classification Rooms that are dedicated exclusively for monthly rental for a 12-month period ending October 31 should be classified as Class 1. In addition, two or more indicia of residential classification are satisfied. The rooms in the remainder of the building rented out daily or weekly should be classified as Class 6. The property manager/owner's residence should be Class 1. Scenario 2 Facts Operates as a typical hotel with guest registration, checking of rooms, limitations of number of guests in rooms after a certain time of day, maid service, baggage checking, front desk service, etc. One or more rooms are dedicated exclusively for monthly rental for a 12-month period ending October 31 (excluding the property manager/owner’s residence). The majority of the total numbers of rooms are offered for daily or weekly rental. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 18 Classification The rooms that are dedicated exclusively for monthly rental for a 12-month period ending October 31 should be classified as Class 1. In addition, two or more indicia of residential classification are satisfied. The rooms in the majority of the building available for rent daily or weekly should be classified as Class 6. These rooms cannot be classified as Class 1 since they are used on a short-term basis and are not specifically set aside for long-term use. The property manager/owners residence should be Class 1. Scenario 3 Facts Fits the description of a SRO hotel or motel, in that the occupants use rooms as their primary residence. No rooms are offered for daily or weekly rental. All rooms are offered for monthly rental for a 12-month period ending October 31 and are used as such (excluding the property manager/owner’s residence). Limited amenities offered to guests. All rooms are outfitted with kitchen facilities. Classification This property is not a hotel or motel. The property should be classified entirely as Class 1 as all rooms are dedicated for monthly rental for a 12-month period ending October 31. In addition, two or more indicia of residential classification are satisfied. The actual use of all the rooms in this property is long-term stay and the amenities that are typically present in a hotel are not available. Scenario 4 Facts Fits the description of a SRO hotel or motel, in that occupants use the rooms as their primary residence. Limited amenities offered to guests. A small number of rooms are used exclusively for daily or weekly rental. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 19 The majority of the total numbers of rooms are dedicated exclusively for monthly rental for the 12-month period ending October 31 (excluding the property manager/owner’s residence). Classification The rooms dedicated exclusively for monthly rental for the 12-month period ending October 31 should be classified as Class 1. In addition, two or more indicia of residential classification are satisfied. The rooms that are offered for short-term daily or weekly rental should be classed as Class 6. Their actual use is short-term accommodation. The property manager/owners residence should be Class 1. Scenario 5 Facts Fits the description of hotel in the peak season, but in the off-season rooms are rented for monthly stays to college or university students (i.e., like a college residence). In summer months, college/university students vacate rooms and owner makes them available for short-term overnight commercial accommodation. Property receives Tourist Accommodation (Assessment Relief) Act exemption. Classification The entirety of the property should be classified as Class 6 because although there are rooms that are rented for monthly tenancy to college or university students in the off-season, they are not dedicated for monthly rental for a 12-month period ending October 31. Because these rooms are offered for monthly rental for part of the year, the property does not lose its character as a hotel/motel. Scenario 6 Facts Fits the description of hotel in the summer, but in the winter the owners rent the rooms to the oil and gas Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 20 industry for workers to stay in (i.e., like a bunkhouse). In summer months, tourists stay at facility on a short-term overnight basis. Classification The entirety of the property should be classified as Class 6 because although there are rooms that are rented for monthly tenancy to industry workers they are not dedicated for monthly rental for full a 12-month period ending October 31. Because these rooms are offered for daily or weekly rental for part of the year, the property does not lose its character as a hotel/motel. Scenario 7 Facts Fits the description of hotel, but some of the floors/rooms are rented on a long-term basis (e.g., 12-months or more) to an airline company and reserved and dedicated for the use of the employees of the airline (e.g., pilots, flight attendants) when they have a lay-over in the city. The rest of the facility is available for short-term tourist accommodation. Classification The portion of the hotel/motel that is rented for monthly tenancy to airline workers should be classified as Class 1 because the rooms are specifically dedicated for monthly rental for a 12-month period ending October 31 and thus are not offered or used for daily or weekly rental for any part of the year. The rest of the rooms in the facility that are offered and used for daily or weekly rental should be classified as Class 6. Scenario 8 Facts All year long, some of the floors/rooms are rented on a long-term basis to an airline company and set aside for the use of its employees and customers. The rest of the facility Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 21 is available for regular accommodation for tourists not affiliated with the airline company. If the rooms that are dedicated for the airline company are not occupied by its employees or customers, then the hotel rents those rooms to short stay customers. Classification The property should be classified in its entirety as Class 6, as all of the rooms are, or may be offered for, daily or weekly rental and so the property does not lose its character as a hotel/motel. Scenario 9 Facts A tenant using a room that is exclusively dedicated for monthly rental chooses to pay for the room on a weekly basis. The owner or manager of the building keeps this tenant’s payment receipts to show that the tenant stayed in that dedicated room continuously on a monthly basis, even though payment was made weekly. Classification The portion of the hotel/motel that is rented for monthly tenancy should be classified as Class 1 since it is exclusively dedicated for monthly rental for a 12-month period ending October 31 and thus is not offered or used for daily or weekly rental for any part of the year. The room is rented on a continuous basis, which can be verified by the receipts of payment made by the tenant. It is not necessary that the owner or manager keep the payment receipts of a tenant who pays on a weekly basis; however, the assessor may chose to ask the owner or manager for receipts for evidentiary use. Assessment Practices and Procedures Class 1 & 6: Extended Stay Hotels and Motels 22