Esta ley enmienda la Ley Núm. 48 de 22 de agosto de 1990, conocida como la "Ley para Reglamentar los Negocios de Casas de Huéspedes para Estudiantes", para redefinir el concepto de "Negocio de Casa de Huéspedes para Estudiantes". La enmienda busca distinguir entre el contrato de arrendamiento clásico de bienes inmuebles y el contrato de arrendamiento de una habitación, característico del acuerdo de hospedaje, para evitar que los propietarios que arriendan propiedades se vean obligados a cumplir con las regulaciones de las casas de huéspedes si uno de sus inquilinos comienza estudios postsecundarios. La ley establece que una propiedad arrendada a estudiantes postsecundarios no se considerará un negocio de casa de huéspedes para estudiantes a menos que el propietario resida en ella o cuando la unidad de vivienda se arriende a menos de tres estudiantes postsecundarios, incluso si el propietario no reside en ella.
(Approved September 14, 2004)
To amend subsection
(b) of Section 2 of Act No. 48 of August 22, 1990, as amended, known as the "Act to Regulate Student Boarding House Businesses," in order to redefine the concept of Student Boarding House Businesses.
Act No. 48 of August 22, 1990, created the "Act to Regulate Student Boarding House Businesses." The same was subsequently amended by Act No. 99 of June 14, 2000 to temper it to the new needs of these community services.
The amendment set forth in said Act No. 99 redefined the concept of Bureau [sic] of Student Boarding House. The same includes all establishments, dwellings, buildings or parts of a building used to provide lodging to one or more students for pay. This Act does not create a distinction between the classic real estate lease contract and the lease contract for a room, a concept characteristic of the boarding agreement.
As a result of said amendment, those landlords who for decades have leased their properties have had to subject themselves to the regulations that govern boarding houses. Thus, a contradiction in terms arises whereby a landlord who has leased a property for years may find him/herself in need of
having to comply with the requirements of the aforementioned law if one of the tenants of his/her property begins postsecondary studies.
We must create a distinction between the concept of boarding and leasing a real estate property; providing that the concept of boarding shall refer to housing units where the landlord lives and leases to one or more students one or several rooms within said real estate property.
The purpose of the present Act is to guarantee the stability of the real estate leasing market whereby the owner has the certainty that his/her lease contract will not be affected because one of the persons who reside in the leased property begins or reinitiates postsecondary studies.
Section 1.- Subsection
(b) of Section 2 of Act No. 48 of August 22, 1990, as amended by Act No. 99 of June 14, 2000, is hereby amended to read as follows: "(a) .....
(b) Student Boarding House Business - Shall mean any housing unit used to lodge one or more students for pay, be it rent or any of the basic services such as water, electricity, telephone with or without board. This definition shall include, but not be limited to, a club house, a guest house, furnished guest houses, rooms and dorms. The property leased to at least one student at the postsecondary level shall not be deemed a student boarding house business unless the owner resides in the same or when the housing unit is leased to less than three (3) students at postsecondary level, even though the owner does not reside in the same. A housing unit shall be understood to be the establishments, buildings or that part of the latter (additional
floors, duplexes or apartments) used as residential lodgings and that have the corresponding permits issued by the Regulations and Permits Administration.
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 276 (H.B. 4706) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(b) of Section 2 of Act No. 48 of August 22, 1990, as amended, known as the "Act to Regulate Student Boarding House Businesses," in order to redefine the concept of Student Boarding House Businesses, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $25^{ ext {th }}$ of October of 2005.
Francisco J. Domenech Director