DHCR Corrects Room Count Disputed by Both Landlord and Tenants

Landlord applied to the DHCR for MCI rent hikes based on replacement of elevator, catwalks, intercom, TV/security system, mailboxes, fire doors, along with lobby renovations and facade restoration/pointing and waterproofing. The DRA ruled for landlord in part. Landlord and tenants both appealed. Landlord disputed some of the DRA's room counts. Tenants claimed all the room counts were incorrect.

The DHCR ruled for landlord, finding that the total building room count was 16, not 19. This increased the per-room MCI increase from $211.21 to $250.82. The DHCR also ruled for two of the five tenants, finding that one apartment contained three rooms, not four because a studio area wasn't a separate room. For another unit, the DHCR found that the apartment contained two rooms, not three. The footage of one area that landlord designated a room conrtained less than 60 square feet and was too small to qualify.

JJS Real Estate LLC/Again, Schecter, Pettibone, Baker: DHCR Adm. Rev. Docket Nos. GS410005RO, GS410024RT (10/11/23)[9-pg. document]