Increase Granted for Landmark Windows

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Landlord applied for MCI rent hikes based on building-wide window replacement. The DRA ruled for landlord. Tenants appealed, claiming that the work was done on a piecemeal basis, and that the windows were defective and improperly installed. The DHCR ruled against tenants. The work was done as a single unified project. Although different supplies and contractors were used to install the windows, there were no extended gaps in time between various phases of the installation. The total installation time of about one year wasn't unusual, particularly given the customized nature of the landmark windows. And there was no proof of improper manufacture or installation. The lack of grip holds or difficulty of cleaning that tenants complained about was due to the fact that the new windows were designed differently than the old ones.

66 West 9th Street Tenants Association: DHCR Adm. Rev. Docket No. PG4110086RT (4/28/09) [6-pg. doc.]