Landlord Installed Defective Windows

January 1, 1999

LVT Number: 12894

Landlord applied for MCI rent increases based on the installation of new windows and vestibule doors. The DHCR ruled against landlord, and landlord appealed this ruling in court. The court and appeals court ruled against landlord. The DHCR's inspection showed that the new windows installed in at least 18 percent of the apartments had substantial defects. The vestibule doors were also defective. The DHCR's decision was reasonable since the defects appeared to be caused by unworkmanlike installation rather than any later wear and tear.

Landlord applied for MCI rent increases based on the installation of new windows and vestibule doors. The DHCR ruled against landlord, and landlord appealed this ruling in court. The court and appeals court ruled against landlord. The DHCR's inspection showed that the new windows installed in at least 18 percent of the apartments had substantial defects. The vestibule doors were also defective. The DHCR's decision was reasonable since the defects appeared to be caused by unworkmanlike installation rather than any later wear and tear.

Simkowitz v. DHCR: NYLJ, p. 27, col. 2 (12/7/98) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Tom, Mazzarelli, JJ)

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