Landlord Properly Treated Den as a Sixth Room in Apartment

Landlord applied for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord and increased tenants' rents. One tenant appealed, claiming that the DRA incorrectly found that his unit had six rooms. Tenant argued that his apartment had five rooms. He said that landlord incorrectly designated a space next to the kitchen as a room due to alterations landlord made to this area to contain a laundry room. Tenant pointed out that landlord obtained prior MCI rent increases for the addition of the laundry room to his apartment. The DHCR ruled against tenant. The DHCR's inspector found that the den area with a window measured 63 square feet and included the laundry closet, which the inspector measured to be approximately 12 square feet. The den therefore qualified as a room as defined in DHCR Policy Statement 93-2. For MCI purposes a room included an enclosed area with a window containing at least 60 square feet. And DHCR records showed that other apartments in the same line each contained six rooms. 

Alexoff: DHCR Adm. Rev. Docket No. JQ210001RT (1/19/23)[3-pg. document]