Cost of New Basement Window

Landlord asked the DHCR whether the installation of new basement windows must be included as part of an MCI rent increase application, and whether the cost of the replacement would qualify for inclusion in the MCI rent increase. In an opinion letter, the DHCR noted that under DHCR Policy Statement 89-6, all windows, except hallway and lot line windows, must be replaced to qualify for MCI rent increases. Since the basement windows landlord described weren't lot line windows, the DHCR stated that they would have to be replaced as part of the work performed to complete the MCI. The costs of these windows would then, of course, be included in calculating the MCI rent increase.

DHCR Opin. Ltr. by Charles Goldstein (3/17/97) [1-page document]