06-28-11 CALCO HOTEL MANAGEMENT GROUP VS. PATRICIA GIKE A-2308-10T4
We affirm the grant of summary judgment to the owners of a hotel solely as to the finding that the renter of a hotel room is an "occupant" under the regulatory scheme contained in the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-l to -28, and its regulations, N.J.A.C. 5:10-1.1 to -28.1. The renter may, therefore, be responsible for violation penalties as a result of the fire code hazard created by her guest even though the renter never entered the room and was not present when the conduct occurred. Because we are not convinced this finding in itself mandates the renter be strictly liable for compensatory damages to the room as a matter of law, summary judgment is not appropriate at this juncture on this issue. Accordingly, we remand for further briefing and consideration as to whether, and to what extent, the regulations impose a private cause of action for civil damages. We do not retain jurisdiction.
