Tenant Disputes Room Count

The DRA granted landlord’s application for MCI rent hikes based on the installation of new apartment windows. Tenant appealed, claiming that her room count and therefore her rent increase was incorrect. Tenant claimed that her apartment had four rooms, not five. Landlord disagreed, but the DHCR ruled for tenant based on DHCR inspection. DHCR Policy Statement 93-2 defines a room as either (a) a windowless kitchen containing at least 59 square feet or a windowed kitchen of any size, as long as the kitchen was enclosed on at least three sides excluding the side containing the entranceway; (b) an enclosed area with a window containing at least 60 square feet; or (c) an enclosed area without a window containing at least 80 square feet. Bathrooms, walk-in closets, porches, terraces, and hallways aren’t defined as rooms. The DHCR found that tenant’s kitchen wasn’t a separate room since it wasn’t enclosed on at least three sides. The small office area also wasn’t a separate room. 

Fleming: DHCR Adm. Rev. Docket No. BQ430045RT (7/29/16) [2-pg. doc.]