[Angie Cowell]

I have a mixed use property that contains commercial space, an apartment, and an additional unit that will strictly be used as “hotel” space as it is only going to be listed on air bnb website for rental. I am going through the process of reviewing all details such as square footage, rental income, etc. to determine if I should report this loan on HMDA. I am torn on if this third unit the write up deems as “hotel” space is considered just that or if it is still really deemed as residential space. Do you have any insights?

[rcooper]

I apologize we overlooked your question earlier.

This sounds like a transitory space which would not constitute a dwelling under HMDA.

[kowsley]

If it is truly being used as a “hotel” then yes it would be considered transitory; however, you would want to look to the structure as a whole utilizing one of the reasonable standard methods – income method, square footage method, etc. to determine if you have a dwelling.

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