New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
POLICY STATEMENT 93-2
(SUPERSEDING POLICY STATEMENT 90-3)
DEFINITION OF ROOM
FOR MAJOR CAPITAL IMPROVEMENT (MCI) PURPOSES
The definition of a room for MCI purposes only is as follows:
(1) A windowless kitchen containing at least 59 square feet or a
kitchen of any size with window. In either case, a kitchen
must be enclosed by at least three sides, excluding the
side(s) that contain(s) the entranceway.
or
(2) An enclosed area with window containing at least 60 square
feet.
or
(3) An enclosed area without window containing at least 80
square feet.
Bathrooms, walk-in closets, porches, terraces and hallways are
not rooms.
An "enclosed area" is an area bounded by ceiling-to-floor walls,
one or more of which may contain an entrance way. An entranceway
to an enclosed area must be either a door or an open archway that
usually has dimensions similar to those of a standard-size door
frame, but which may be as large as a double-sized door frame. A
sliding door or other type of door will generally qualify as an
entrance way to an enclosed area. However, where two adjacent,
otherwise enclosed areas are separated by an archway greater in
size than a double-sized door or are distinguished from each
other by a clearly perceptible difference in geometric form (such
as an "L" shape), and where each of those areas contains at least
60 square feet and at least one window, such adjacent areas shall
be considered two rooms.
A dwelling unit will be determined to have the same number of
rooms as other like dwelling units (as determined, for example,
from alteration plans or by comparison to other dwelling units in
the line) notwithstanding that it has been altered or customized
in a manner which would have resulted in a lower room count if
the other principles set forth in this Policy Statement had been
applied.
The owner should use this definition of a "room" in applying for
MCI rent increases for both rent-controlled and rent-stabilized
apartments. Each affected tenant will be advised by the DHCR of
the number of rooms ascribed to his or her apartment by the owner
in the MCI application. If a tenant objects to the room-count for
his or her apartment as indicated in the owner's MCI application,
such objection must be made in the MCI proceeding.
The change made by that part of this Policy Statement which sets
forth the qualifications of a kitchen (paragraph numbered "l"
above) shall be effective immediately, and shall apply to all
pending MCI proceedings. In all other respects, this Policy
Statement shall be effective for all MCI applications filed on
and after October 15, 1993, or upon such later date as new
application forms will have been made available containing the
revised definition of "room" set forth in this Policy Statement.
Until such time, Policy Statement 90-3, which sets forth the
current definition of "room" for MCI processing, shall remain in
effect.
August 20, 1993
Joseph A. D'Agosta
Deputy Commissioner
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DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.
The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Advisory Opinions,
DHCR Operational Bulletins, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.
Every attempt has been made to conform to the original Policy
Statements as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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