Tenant's Studio Apartment Contains One Room, Not Two
LVT Number: #26267
The DHCR's Rent Administrator granted landlord's application for MCI rent hikes. The DRO ruled that tenant's apartment contained two rooms. Tenant appealed and argued that her studio apartment contained only one room. She said that an archway that separated the studio into two areas didn't make it a two-room apartment. DHCR Policy Statement 93-2 required that, to qualify as two rooms, two areas separated by an archway must each at least contain a window. Tenant's apartment had two windows both on one wall in only one of the two areas separated by the archway. The other area and the other three walls of the apartment didn't contain any windows. Tenant also said that the rectangular-shaped apartment was separated by an archway that was added on and wasn't part of the original room plan. The DHCR ruled against tenant, who then filed an Article 78 court appeal.
The court ruled for tenant and sent the case back to the DHCR to reduce tenant's MCI rent increase. The DHCR then issued a decision reducing tenant's MCI rent increase to reflect a one-room apartment.
Moutsinas: DHCR Adm. Rev. Docket No. FW430003RP (1/26/18) [2-pg. doc.]