New Windows in Individual Apartments

Landlord applied for individual apartment improvement rent increases of 1/40th of the cost of the improvements for five apartments based on the installation of new windows. The DRA ruled for landlord but granted MCI rent increases at 1/84th, rather than 1/40th, of the cost of the windows. Landlord appealed and won. Landlord could get 1/40th increases. Tenants had consented in writing to individual apartment improvement rent increases, and landlord had applied shortly thereafter. Notably, landlord had replaced windows throughout the building over an eight-year period and wouldn't have been entitled to MCI increases because of the piece- meal fashion in which the work was completed.

Young: DHCR Adm. Rev. Dckt. Nos. FL810278RO through FL820281RO, FL910311RO (9/11/97) [3-page document]