Landlord Replaced 81 Percent of Windows

Landlord applied for MCI rent hikes based on the building-wide installation of new windows. The DRA ruled for landlord. Tenants appealed, claiming that the window installation didn't benefit all tenants because over 23 percent of apartments were exempt from the MCI rent hike. Landlord had installed windows in these apartments previously. The DHCR ruled against tenants. Even though not all windows were replaced, the DHCR will permit an MCI rent hike if at least 80 percent of the total apartment windows are replaced as part of a unified plan and consecutively timed project. Landlord showed that 419 of the 518 apartment windows were replaced, which was 81 percent of the windows. In addition, landlord replaced six workshop and laundry room windows and 16 hallway windows. Landlord met the requirements for MCI approval.

725 W. 184th Street: DHCR Adm. Rev. Docket No. WI430003RP (11/18/09) [5-pg. doc.]