Landlord Didn't Replace At Least 80 Percent of Windows

Landlord applied for MCI rent hikes based on the installation of new windows on a building-wide basis. Landlord admitted that she replaced only 32 out of 48 windows. She said that the other 16 windows, all on the first floor, had been replaced two years earlier. Landlord didn't seek any rent increase from tenants who received the 16 windows previously. The DRA ruled against landlord. Landlord appealed and lost. Landlord's MCI application covered only 66 percent of the building windows. Sometimes, the DHCR doesn't require landlord to replace all windows to qualify for MCI increases. But landlord replaced fewer than 80 percent of the apartment windows at this time. This showed that the work wasn't done as a unified plan, with projected completion within a reasonable period of time. So the work didn't qualify as an MCI.

70-36 65th Place: DHCR Adm. Rev. Docket No. VF110009RO (9/6/07) [2 pg. doc.]