Landlord Can Collect Individual Apartment Increase for New Windows

Tenant complained of a rent overcharge. Landlord submitted proof of individual apartment improvements, made before tenant moved in, that cost $15,000. The DRA ruled against tenant, finding no overcharge. Tenant appealed. Landlord had installed new windows in tenant's apartment. This was one of the items for which the DRA gave landlord a 1/40th increase. Tenant claimed that landlord should have sought an MCI increase for the windows. The DHCR ruled against tenant. Landlord was entitled to collect a 1/40th increase for newly installed windows. And landlord had explained that when new windows were installed building-wide in 1993, prior tenant wouldn't permit access for installation. So landlord didn't replace the windows in tenant's apartment until 1995, when prior tenant moved out.

Scott: DHCR Admin. Rev. Dckt. No. OB210007RT (12/4/01) [4-pg. doc.]