Hallway/Lot-Line Windows Installed Without Protective Wired Glass

Landlord applied for MCI rent hikes based on installation of lot-line/hallway windows. The DRA ruled against landlord because "protectives" like wired glass, weren't included in the installation. Landlord appealed and lost. Landlord argued that the windows were installed to meet the NYC Landmarks Preservation Commission (LPC) requirements and therefore couldn't have wired glass. The windows were double insulated and met NYC building code and LPC permit requirements. But DHCR's policy is that the cost for replacement of all hallway or lot-line windows in a building must include installation of "protectives" to qualify as an MCI. And information submitted by landlord didn't show that windows with protectives would have been in violation of LPC rules or that the hallway windows didn't require protectives under applicable building codes. [Download PDF of decision here.]

321 West 94th Street, LLC: DHCR Adm. Rev. Docket No. FV430017RO (1/14/19) [2-pg. doc.]