Tenant Disputes Room Count Listed in MCI Application

Landlord applied for MCI rent hikes based on gas repiping. The DRA ruled for landlord and approved the rent increase. Tenant appealed, claiming that landlord incorrectly listed her apartment as having four rooms, not three. Landlord argued that tenant was wrong. The DHCR ruled against tenant. Tenant hadn't raised any issue about the room count in response to the DRA's notice of landlord's application. But landlord was advised that, even so, if there was a miscount, it couldn't charge tenant an increase based on a greater number of legal rooms than that defined by the DHCR for MCI purposes

56 Fort Washington Ave.: DHCR Adm. Rev. Docket No. YB410073RT (1/14/11) [2-pg. doc.]