Landlord Wants to Add 12 Square Feet of Space to Apartment

Landlord wanted to alter an existing rent-stabilized studio apartment by extending one of the exterior walls approximately one foot for the 12-foot length of the apartment to add 12 square feet. Landlord also wanted to break open a brick wall and install sliding glass doors that would lead to an outdoor backyard and give tenant exclusive access to the 100-square-foot yard. Landlord asked the DHCR if these alterations would yield a newly created apartment for which landlord could charge a first rent. In an opinion letter, the DHCR said no. Extending the wall one foot wasn't a significant alteration. And providing access to a yard, by itself, didn't add living space to an apartment. To qualify as a new apartment, the outdoor space would have to be fully enclosed, lighted, and heated. If the alterations didn't create a new apartment, landlord could still collect a 1/40th rent increase for improvements.

DHCR Opin. Ltr. by Charles Goldstein (5/26/99) [3-pg. doc.]