Open Kitchen Excluded from Room Count

Landlord applied for MCI rent hikes based on a new intercom, boiler/burner, and doors. The DRA ruled for landlord, but landlord appealed, disputing the DRA's room count. The DHCR ruled against landlord. Under DHCR Policy Statement 93-2, a kitchen that isn't enclosed by at least three sides, excluding the sides containing entrances, doesn't qualify as a room for MCI purposes. The DRA properly relied on floor plans submitted by landlord and tenant showing that tenant's kitchen didn't qualify as a room.

7410-7420 Ridge Boulevard: DHCR Adm. Rev. Docket Nos. XA230015RO et al. (7/14/10) [3-pg. doc.]