New Windows in Tenant's Apartment

April 1, 2003

LVT Number: 16469

Tenant filed a fair market rent appeal. The DRA ruled against tenant, finding that tenant's initial rent-stabilized rent was less than the fair market rent. In calculating the fair market rent, the DRA allowed increases for apartment improvements, including new windows. Tenant appealed, claiming that landlord already got an MCI rent hike for windows installed in the apartment. The DHCR ruled against tenant. The DHCR's rent control records showed that the prior rent-controlled tenant wasn't charged an MCI rent hike for the windows installed in the apartment shortly before tenant moved in.

Tenant filed a fair market rent appeal. The DRA ruled against tenant, finding that tenant's initial rent-stabilized rent was less than the fair market rent. In calculating the fair market rent, the DRA allowed increases for apartment improvements, including new windows. Tenant appealed, claiming that landlord already got an MCI rent hike for windows installed in the apartment. The DHCR ruled against tenant. The DHCR's rent control records showed that the prior rent-controlled tenant wasn't charged an MCI rent hike for the windows installed in the apartment shortly before tenant moved in. So the DRA correctly allowed an apartment improvement increase for the windows.

Kantra: DHCR Adm. Rev. Dckt. No. QK410104RT (2/6/03) [4-pg. doc.]

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