Hallway Windows with Wired Glass Qualified as MCI

Landlord applied for MCI rent hikes based on installation of new windows. The DRA ruled for landlord in part, but excluded the cost of new hallway windows based on a finding that those windows weren't fire rated.

Landlord appealed and won. Landlord argued that the hallway windows contained protective wiring within the glass. Under DHCR policy, hallway windows must contain protective wired glass or be fire-rated to qualify as an MCI. Documentation that landlord submitted to the DRA did include a contract stating that the four hallway windows involved would be installed "with FW glass," meaning "frost wired glass." The DRA didn't give landlord sufficient opportunity to verify that the hallway windows contained wired glass. The DRA's Request for Additional Information/Evidence asked only for verification that the windows were fire rated. Since the hallway windows contained wired glass, they need not also be fire rated. The MCI rent increase was modified, from $4.27 to $4.47 per room per month.

EP Lincoln Holdings LLC: DHCR Adm. Rev. Docket No. IN230020RO (2/16/23)[2-pg. document]