No MCI Increase for Basement Lighting

Landlord applied for MCI rent hikes based on installation of several improvements. The DRA granted the application based on installation of a chimney and rewiring but denied any increase for basement lighting. Tenant appealed and lost. Tenant claimed that the room count for his apartment was incorrect because his kitchen had no windows and contained only 38.25 square feet. Landlord claimed that the kitchen did have a window, and qualified as a room under DHCR policy. In any event, tenant didn't raise the room count issue before the DRA and the DHCR wouldn't consider it for the first time on appeal. 

Olorode: DHCR Adm. Rev. Docket No. HQ410016RT (2/24/22)[2-pg. document]