Correct Room Count Applied to Tenant's Apartment

The DRA granted landlord's MCI application based on rewiring. Tenant appealed, claiming that the room count that was listed for his apartment was incorrect. Tenant said his apartment contained one room, not two. The DHCR ruled against tenant. The apartment contained two adjacent, otherwise enclosed areas separated by an archway greater in size than a double-sized door. Since each of those areas contained at least 60 square feet and at least one window, the apartment was correctly listed as two rooms. This rule also applied to two areas that were distinct from each other, such as an "L" shape.

212 West 22nd Street: DHCR Adm. Rev. Docket No. WI430050RT (6/3/10) [3-pg. doc.]