Cost of Window Guards Not Included in Increase

Landlord applied for MCI rent increases based on the installation of new windows and window guards. The DRA granted the increase for the windows, but disallowed any increase for window guards. Landlord appealed, claiming that the window guards were installed in connection with the windows. The DHCR ruled against landlord. Under city law, a landlord must install window guards if young children live in an apartment or if tenants request them. Landlord is entitled to collect a temporary surcharge of $10 per window guard, which does not become part of the base rent. Since landlord can collect the rent surcharge for the window guards, the installation isn't considered part of the MCI.

199-04, 111-10, 199-16 Hillside Ave.: DHCR Adm. Rev. Dckt. No. JK110242RO (5/28/99) [2-pg. doc.]