Landlord Replaced at Least 80 Percent of Windows

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord applied for MCI rent hikes based on the installation of new windows. The DRA ruled for landlord. Tenants appealed, claiming that landlord didn't replace all the windows in the building. The DHCR ruled against tenants. Landlord replaced 256 of the building's 267 windows. Since landlord replaced more than 80 percent of the total windows, and because replacement of the other windows wasn't needed, landlord's installation qualified as an MCI.

305 Lexington Ave. Tenants' Assn.: DHCR Adm. Rev. Dckt. No. OD430124RT (11/4/03) [4-pg. doc.]