Landlord Replaced Windows as Apartments Became Vacant

Landlord began replacing apartment windows in 1993, as apartments became vacant. By 2004, it had replaced windows in 22 out of 37 apartments, at a cost of $400,000. Landlord now wished to replace the windows in the remaining 15 apartments at a cost of $250,000. Landlord asked the DHCR if replacement of the remaining windows would qualify as an MCI. In an opinion letter, the DHCR said no. Landlord must replace at least 80 percent of apartment windows under a unified plan to qualify for an MCI rent hike. And work done on a piecemeal basis doesn't qualify. Landlord had replaced the 22 windows on a piecemeal basis, and the remaining 15 apartments were less than 80 percent of the total.

DHCR Opin. Ltr. by Michael B. Rosenblatt (12/30/04) [2-pg. doc.]