New York Hotel Permanent Resident
Location: New York
Posting this here hoping to get any additional input. Bit of an unusual legal issue.
I stayed at a Hotel in NYC for one full year. Paying a weekly rate of $920 roughly a week (against my better judgement most weeks I paid cash)
The hotel is a H9 Hotel in NYC. After 180 days you are supposed to become a permanent resident and the Hotel should stop charging you the 14.75% tax and retroactively refund what you have paid upto the 180 days.
I didn’t learn about this until a few weeks before my departure and then everything changed. The Hotels attitude became very hostile when I approached them and queried why they had continued to charge me taxes. They claimed I had left the hotel on a few occasions which would mean I lost permanent resident status ( this is not true, I did move rooms twice in the year because of noisy guests but I never ever departed the hotel in the full 365 days)
Decided to try to take legal action, no attorneys were interested because not a high value case ( refund would be about 9k approx so the money isn’t there for them)
I filed a small claims against the Hotel, managed to served them a subpoena for receipts for my entire stay and now they responded to the subpoena saying I left the Hotel on 10 days which would mean I’m not a permanent resident. However, all the 10 dates they said I left the Hotel I have LYFT ride receipts showing me getting collected and dropped off on each date so that at least shows they are lying. My small claims has got rescheduled to March 31st.
It seems this hotel is not afraid to lie or of IRS implications and wants to fight me all the way. They are literally gaslighting me saying I left many times. I am getting increasing worried about not being able to file taxes accurately because they won’t release all the receipts I need. I also want to get the refund because I am legally entitled to it. Does anyone have any input on how to make sure I get a good result here. Thanks ????????
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