Landlord Prematurely Filed Application for New Windows

Landlord applied for MCI rent increases based on a number of improvements, including new replacement windows. Tenants claimed that the windows hadn't been installed. The DRA disallowed the claimed cost for the windows because the work was done after the filing date of landlord's application. Landlord appealed, claiming that the windows were installed five months before landlord filed the MCI application. The DHCR denied landlord's appeal. Landlord filed its application in August 1987. The contractor's certification stated that the windows were installed in January 1988. Landlord also served copies of its application on tenants in December 1987, which became the effective date of the MCI rent increases granted under landlord's application. Since landlord hadn't installed the windows as of that date, there was some question as to whether landlord was fraudulently trying to get an earlier effective date for the requested rent increases.

[383 East 17th Street: DHCR Adm. Rev. Dckt. Nos. FE 230027-RT, FD 230046-RO, FE 210130-RT (1/20/93)]. 4-page document.