New Thermal Windows Replace Storm Windows

Landlord applied for MCI rent increases based on the installation of replacement windows. The DRA granted landlord's application, and tenants appealed. Tenants claimed that they'd already been charged MCI rent hikes for storm windows that landlord was now replacing. They asked the DHCR to reduce their rents to offset the rent increase for the storm windows that weren't replaced when the new windows were installed. Landlord claimed that storm windows in place for more than 23 years had been replaced with thermal windows. The DHCR ruled for landlord. Installation of new windows to replace prime windows that are 25 years or older qualifies an MCI. Also, no rent offset is permitted when the storm windows being replaced are over 15 years old and have exhausted more than 75 percent of their useful life.

Goldstein: DHCR Adm. Rev. Dckt. Nos. BL 220321-RT, BL 220044-RT (6/10/94) [2-page document]