DHCR Inspection Showed Apartment Had Two Rooms

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord improperly designated his apartment as containing two rooms. Tenant argued that his apartment had one room since an archway between areas in the unit was larger than a double-door and didn't create a second room. Also, the sleeping area didn't contain a window. But the DHCR conducted an inspection of the apartment and found that it had two rooms, specifically a living room area that was enclosed with a window and containing more than 60 square feet, along with a bed area that was enclosed with a window and contained more than 60 square feet. 

Niefield: DHCR Adm. Rev. Docket No. ER410044RT (11/5/19) [2-pg. doc.]