Windowless Kitchens Less Than 60 Square Feet Weren't Rooms for MCI Room-Count Purposes

LVT Number: #33156

Landlord applied to the DHCR for MCI rent hikes based on elevator and hallway upgrading. The DRA ruled for landlord. Tenants appealed and won in part. Tenants of the K line in the building argued that their room count was incorrect. Inspection of some of the K line apartments confirmed that these units each had two rooms, not three rooms. The kitchen in these units had an area of 55.92 square feet with no windows. The K line kitchens therefore didn't qualify as separate rooms.

Landlord applied to the DHCR for MCI rent hikes based on elevator and hallway upgrading. The DRA ruled for landlord. Tenants appealed and won in part. Tenants of the K line in the building argued that their room count was incorrect. Inspection of some of the K line apartments confirmed that these units each had two rooms, not three rooms. The kitchen in these units had an area of 55.92 square feet with no windows. The K line kitchens therefore didn't qualify as separate rooms.

Katopodes, Ruth-Rose & 160 Parkside Avenue Tenants' Association: DHCR Adm. Rev. Docket Nos. FW210006RT, GM210042RT (1/19/24)[5-pg. document]

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