Tenant's Kitchen Excluded from Room Count
LVT Number: 19204
Landlord applied for MCI rent hikes. Tenant disputed the room count that landlord had submitted for his apartment. The DRA ruled for tenant. Landlord appealed and lost. A DHCR inspection showed that tenant's kitchen was 57.28 square feet. DHCR Policy Statement 93-2 states that to qualify as a room, a windowless kitchen must contain at least 59 square feet. Therefore, tenant's kitchen wasn't a room for the purposes of calculating an MCI rent hike.
44-30 Mcnish St.: DHCR Adm. Rev. Docket No. UD110069RT 9/1/06 [2-pg. doc.]