New Windows Installed More Than 20 Years After Prior Installation

March 19, 2018

LVT Number: #28266

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on installation of new apartment and hallway windows. Tenants appealed and lost. Tenants claimed that the new windows didn't meet the DHCR's requirement that the old windows were replaced after a 25-year useful life. The DHCR had granted a prior MCI rent increase for windows in 1990. The DHCR pointed out that the prior windows were installed before March 1988 and were aluminum windows. Under the DHCR's schedule, aluminum windows had a useful life of 20 years.

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on installation of new apartment and hallway windows. Tenants appealed and lost. Tenants claimed that the new windows didn't meet the DHCR's requirement that the old windows were replaced after a 25-year useful life. The DHCR had granted a prior MCI rent increase for windows in 1990. The DHCR pointed out that the prior windows were installed before March 1988 and were aluminum windows. Under the DHCR's schedule, aluminum windows had a useful life of 20 years. Landlord's new window installation project began in May 2008, which was more than 20 years after the prior window installation was completed. So the new window installation complied with the DHCR's useful life requirement.

Various Tenants of 607 W. 137th St.: DHCR Adm. Rev. Docket No. ZF430077RT (1/26/18) [2-pg. doc.]

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