DHCR Won't Consider Tenant's Room Count Objection Raised on Appeal

LVT Number: #32269

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on installation of two gas boilers. Tenant appealed and lost. Tenant claimed that her apartment had only two rooms and that landlord incorrectly reported in its application that her unit had four rooms. But the DRA's notice to tenant of landlord's MCI rent increase application specifically included instructions on how to contest the room count and submit proof of floor plans or hand-drawn diagrams to include the exact measurements of walls and locations of all windows, doors, and archways.

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on installation of two gas boilers. Tenant appealed and lost. Tenant claimed that her apartment had only two rooms and that landlord incorrectly reported in its application that her unit had four rooms. But the DRA's notice to tenant of landlord's MCI rent increase application specifically included instructions on how to contest the room count and submit proof of floor plans or hand-drawn diagrams to include the exact measurements of walls and locations of all windows, doors, and archways. Tenant didn't object to the room count while the MCI application was pending. So the DHCR couldn't consider this claim on appeal. 

Brewer: DHCR Adm. Rev. Docket No. JP610014RT (9/6/22)[2-pg. document]

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