Landlord Replaced Less Than 80 Percent of Windows

Landlord applied for MCI rent hikes based on the installation of new apartment windows. The DRA ruled against landlord because landlord replaced only 32 of the 43 windows. Landlord appealed and lost. Nine windows had been replaced earlier, and, landlord claimed, two windows didn't need replacement. Landlord said that eight of the nine previously replaced windows were in apartments she or her children occupied. Another window had been replaced when it was blown out by wind. But it is the DHCR's position that landlord must replace at least 80 percent of apartment windows in one unified installation for the work to qualify as a major capital improvement. Landlord failed to do so, and the work didn't qualify.

108 Calyer Street: DHCR Adm. Rev. Docket No. WJ210019RO (9/14/10) [2-pg. doc.]