Tenant's Kitchen Qualifies as Room

(Decision submitted by Beth Cohen of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Landlord applied for MCI rent hikes. The DRA ruled for landlord, and tenant appealed. Tenant claimed that the room count for his apartment, which determined the amount of rent increase, was wrong. Tenant had a windowless kitchen that he claimed was too small to be counted as a room. The DHCR ruled against tenant. Tenant's kitchen was 9 feet 4 inches by 6 feet 10 inches, wall to wall. So it was large enough to qualify as a room.

Milford Mgmt. Corp.: DHCR Admin. Rev. Dckt. No. NE410111RT (9/24/02) [3-pg. doc.]