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Posted by Ben on August 06, 2001 at 22:05:33:

In Reply to: Re: DHCR individual apartment improvement rules posted by chelsea on August 06, 2001 at 09:17:01:

: Excerpts from the relevant section in the Rent Stabilization Code appear below. Also check section 26-511 (c) 13 of the Rent Stabilization Law. Finally, look at DHCR fact sheet #12 (URL below.)

: One caveat: did the work done change the perimeter of the apartment? If so, let us know. It could be a somewhat different case.

Thanks, I saw all that. I was hoping for written rules as in the MCI section of that Code. I thought they might be in one of the Advisory Opinions or something similar.

Yes, there was a slight increase in the perimeter, but not in the "dwelling space" if DHCR defines dwelling space (also not in the Code) as 'habitable rooms' in the same way they do to calculate your share of the MCI.

Compared to the unrenovated formerly identical upstairs apartment, they moved the front door. In doing so, they removed a floor to ceiling closet and a small piece of wall. The new front hallway minus the old closet equals about 5 square feet, less than 5% of the total apartment. Cubic feet are about equal. Storage space is worse. I found a decision that denied substantial-rehab qualifying for free market with a greater increase in 'perimeter', also involving closets, walls and hall. What do you think?

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• Re: DHCR individual apartment improvement rules chelsea 08/07/01 (0)

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: : Excerpts from the relevant section in the Rent Stabilization Code appear below.  Also check section 26-511 (c) 13 of the Rent Stabilization Law.  Finally, look at DHCR fact sheet #12 (URL below.)

: : One caveat: did the work done change the perimeter of the apartment?  If so, let us know.  It could be a somewhat different case.

: Thanks, I saw all that.  I was hoping for written rules as in the MCI section of that Code.  I thought they might be in one of the Advisory Opinions or something similar.

: Yes, there was a slight increase in the perimeter, but not in the "dwelling space" if DHCR defines dwelling space (also not in the Code) as 'habitable rooms' in the same way they do to calculate your share of the MCI. 

: Compared to the unrenovated formerly identical upstairs apartment, they moved the front door.  In doing so, they removed a floor to ceiling closet and a small piece of wall.  The new front hallway minus the old closet equals about 5 square feet, less than 5% of the total apartment.  Cubic feet are about equal.  Storage space is worse.  I found a decision that denied substantial-rehab qualifying for free market with a greater increase in 'perimeter', also involving closets, walls and hall. What do you think?


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