Room Count Incorrectly Listed

LVT Number: 8341

Tenant complained that landlord had incorrectly registered his apartment in 1984 as having five rooms. Tenant claimed there were only four rooms. The DRA ruled for tenant, and amended the apartment registration. Landlord appealed, and submitted for the first time a diagram of the apartment. The DHCR ruled against landlord. Landlord had never submitted any response on the room count question to the DRA, and gave no explanation for why it was submitting an answer for the first time on appeal. Also, landlord's diagram supported the ruling that there were four rooms.

Tenant complained that landlord had incorrectly registered his apartment in 1984 as having five rooms. Tenant claimed there were only four rooms. The DRA ruled for tenant, and amended the apartment registration. Landlord appealed, and submitted for the first time a diagram of the apartment. The DHCR ruled against landlord. Landlord had never submitted any response on the room count question to the DRA, and gave no explanation for why it was submitting an answer for the first time on appeal. Also, landlord's diagram supported the ruling that there were four rooms. There was no wall or other separation between the so-called living room and the dining room.

Westcroft Realty Corp.: DHCR Adm. Rev. Dckt. No. BD 810465-RO (9/30/93) [3-page document]

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