December 20, 2009

How they are going to make you pay TOT on revenues your hotel never received

by the JMBM Global Hospitality Group®

For the most recent update on this topic, click here

By Jim Butler and Jim Abrams | JMBM's Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
20 December 2009

In early November, we warned the readers of the Hotel Law Blog that the multi-year fight over "lost" transient occupancy taxes (TOT) that has been raging between local governmental entities (state, city, and county) and the various online travel companies (OTCs), such as Travelocity, Orbitz, Hotels.com, Priceline.com, and Expedia, was reaching the point where it was going to start impacting hotels financially. Unfortunately, we are there NOW, and things don't look good for the lodging industry!

Two important developments have just occurred recently, which hotel owners and operators need to watch carefully because they will be spreading rapidly.

First, at least one city has amended its TOT ordinance to expressly make hotels liable for the collection and payment of the TOT on the entire amount that a guest ultimately pays an OTC for the use of a guest room.

Second, some cities are amending their TOT ordinances so that it will make it more difficult and expensive for hotels to challenge TOT assessments.

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December 10, 2009

Hotel Lawyers and the ADA: Is the DOJ's ADA Compliance Survey Coming to Your City Soon? What to do when you receive the DOJ's ADA Compliance Review questionnaire.

by the JMBM Global Hospitality Group®

For the most recent update on this topic, click here

By Jim Butler and JMBM's Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
11 December 2009

Even if you don't have a hotel in Manhattan, you will want to know about the "Manhattan Hotels ADA Compliance Review Survey" conducted by the U.S. Department of Justice (DOJ). The DOJ's reach is nationwide and other cities are targeted for the same kind of survey and enforcement.

In an interview on the Hotel Law Blog earlier this year, Coming to a Theater District Near You: The DOJ's ADA "Survey," my partner, Marty Orlick, described the sweeping scope of the DOJ's ADA Compliance Review Survey of Manhattan hotels. In that interview, Marty emphasized that hoteliers who receive the questionnaire should be aware that DOJ investigators may have already been to their hotel -- in fact, the DOJ's sub rosa investigation may be why the hotel received the survey in the first place.

In today's interview on the same topic, Marty explains what hotel owners and managers should do when they receive the DOJ's ADA Compliance Review questionnaire in the mail. (First: take it very, very seriously.)

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