Tenant's Kitchen Counts as Room

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord applied for MCI rent hikes. The DRA ruled for landlord, and tenant appealed. The amount of tenant's MCI rent increase was based on the number of rooms in her apartment. Tenant claimed that her kitchen didn't qualify as a room for this purpose, since it was less than 59 square feet and didn't have a window. Therefore, there were two rooms rather than three in the apartment. The DHCR ruled against tenant. Under DHCR policy, a windowless kitchen must be at least 59 square feet to qualify as a room. The portion of an entranceway that is within the room being measured must be added to the square footage. In this case, that made tenant's kitchen at least 60 square feet. This measurement was supported by a DOB floor plan submitted by tenant.

Satler/Lester: DHCR Adm. Rev. Dckt. Nos. FC410151RT, FE410273RT (12/14/95) [3-page document]