MCI Increase for Windows Includes Costs for Work Required by LPC

Landlord applied for MCI rent hikes based on the installation of new windows and a sidewalk bridge during the work. The DRA ruled for landlord in part but disallowed the cost of architectural services, special window coloring, painting, and rubbish removal. Landlord appealed and won, in part. It was long-standing DHCR policy to exclude painting costs, even when done in connection with MCIs, because they are ordinary repairs and maintenance. New screens were also properly excluded since that was only a partial installation. Removal of rubbish was part of work performed both for the MCI and other work. But the cost of special coloring of the casement windows should be included in the approved MCI costs. The building was in a landmark district and the Landmarks Preservation Commission required that the new windows conform to certain specifications. Professional fees for an architect used to prepare detailed plans and specifications for LPC compliance should also be added. The MCI rent hike was modified to include these costs.

Hudson Street Equities Group LP/Various Tenants: DHCR Adm. Rev. Docket Nos. ZD430025RT, ZE430013RO (6/2/17) [3-pg. doc.]