Tenant's Kitchen Excluded from Room Count

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.]