No 1/40th Increase for Window Guards

April 1, 1998

LVT Number: 12246

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his initial rent-stabilized rent. In calculating the fair market rent, the DRA allowed the cost of various 1/40th improvements made by landlord to be added to the rent. Tenant appealed, claiming that the cost of window guards shouldn't have been included in this calculation. The DHCR ruled for tenant. By law, landlord can collect only a one-time charge of $10 per window guard. The $410 cost of 10 window guards was deducted from the cost of improvements for which landlord could collect a rent increase.

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his initial rent-stabilized rent. In calculating the fair market rent, the DRA allowed the cost of various 1/40th improvements made by landlord to be added to the rent. Tenant appealed, claiming that the cost of window guards shouldn't have been included in this calculation. The DHCR ruled for tenant. By law, landlord can collect only a one-time charge of $10 per window guard. The $410 cost of 10 window guards was deducted from the cost of improvements for which landlord could collect a rent increase.

270 Riverside Dr., Inc./Kokot: DHCR Adm. Rev. Dckt. Nos. IK420037RO, IK420002RT (12/16/97) [5-page document]

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