Cost of Window Guards Not Included in Calculating Rent Hike

July 31, 2004

LVT Number: 17489

Landlord applied for MCI rent hikes based on apartment window installations, including window guards. The DRA granted a rent hike for the windows but disallowed the cost of the window guards. Landlord appealed, claiming that the window guards were part of the overall improvement of the building and were done on a building-wide basis in connection with the window replacement. The DHCR ruled against landlord. The DHCR has never allowed MCI rent hikes for window guards.

Landlord applied for MCI rent hikes based on apartment window installations, including window guards. The DRA granted a rent hike for the windows but disallowed the cost of the window guards. Landlord appealed, claiming that the window guards were part of the overall improvement of the building and were done on a building-wide basis in connection with the window replacement. The DHCR ruled against landlord. The DHCR has never allowed MCI rent hikes for window guards. Landlord may be allowed to collect temporary surcharges from tenants for window guard installations, as discussed in DHCR Fact Sheet No. 25.

Sherry House Assocs.: DHCR Adm. Rev. Dckt. Nos. RH410030RO & RH310047RT (6/15/04) [5-pg. doc.]

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