Foyer Counts as Room

Landlord applied for MCI rent hikes based on the installation of a waste compactor. The DRA ruled for landlord and divided the cost among 69 rooms throughout the building. Landlord appealed, arguing that there were in fact 70 rooms. He claimed that one apartment had a foyer that constituted a room. The DHCR ruled for landlord. The foyer in question was at least 60 square feet, contained a window, and was enclosed. The dollar amount of the MCI increase per room was adjusted slightly to reflect the added room.

110 Christopher St.: DHCR Adm. Rev. Dckt. No. IB430056RO (12/17/99) [2-pg. doc.]