MCI Increase Granted Despite a Few Defective Windows

July 10, 2013

LVT Number: #24886

Landlord applied for MCI rent hikes based on the building-wide installation of new windows. The DHCR ruled for landlord except that increases were barred for a few apartments where defective window installations were found. Tenant appealed and lost. The court and appeals court found that the DHCR's decision was rational. Only a few apartments were found to have defective windows. There was no objective proof of pervasive defects. And the DHCR properly inspected only those apartments identified by tenants in the earlier rounds of testing as having defective windows.

Landlord applied for MCI rent hikes based on the building-wide installation of new windows. The DHCR ruled for landlord except that increases were barred for a few apartments where defective window installations were found. Tenant appealed and lost. The court and appeals court found that the DHCR's decision was rational. Only a few apartments were found to have defective windows. There was no objective proof of pervasive defects. And the DHCR properly inspected only those apartments identified by tenants in the earlier rounds of testing as having defective windows.

445 East 80th Street Tenants Association v. DHCR: 2013 NY Slip Op 04283, 2013 WL 476728 (App. Div. 1 Dept.; 6/11/13; Mazzarelli, JP, Sweeny, Moskowitz, Manzanet-Daniels, Gische, JJ)

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