a. Notwithstanding the provisions of section 26-504 of this chapter to the contrary, and irrespective of any decontrol pursuant to subparagraph (c) of paragraph two of subdivision e of section 26-403 of the city rent and rehabilitation law, this law shall apply to dwelling units in all hotels except hotels erected after July first, nineteen hundred sixty-nine, whether classified as a class A or a class B multiple dwelling, containing six or more dwelling units, provided that the rent charged for the individual dwelling units on May thirty-first, nineteen hundred sixty-eight was not more than three hundred fifty dollars per month or eighty-eight dollars per week; and further provided that, notwithstanding the foregoing, this law shall apply to dwelling units in any hotel, whether classified as a class A or a class B multiple dwelling, eligible for benefits pursuant to the provisions of section 11-244 of the code.
b. Upon application by a tenant or owner, the division of housing and community renewal, shall determine if such building is a hotel covered by this law, based upon the services provided and other relevant factors. If it is determined that such building is not a hotel, it shall thereafter be subject to this law pursuant to subdivision b of section 26-504 of this chapter.