No MCI Rent Hike for Tenants with Defective Windows

March 31, 2009

LVT Number: #21154

Landlord applied for MCI rent hikes based on the installation of new windows in 1995 at a cost of over $1 million. The DRA ruled for landlord, but temporarily barred an increase for 16 apartments where inspection showed that the windows were hard to open and close. PARs were filed by 140 tenants, who also claimed that their windows were defective. The DHCR ruled against tenants, finding that they hadn't responded to the notice of landlord's application from the DRA. Tenants then filed an Article 78 court appeal.

Landlord applied for MCI rent hikes based on the installation of new windows in 1995 at a cost of over $1 million. The DRA ruled for landlord, but temporarily barred an increase for 16 apartments where inspection showed that the windows were hard to open and close. PARs were filed by 140 tenants, who also claimed that their windows were defective. The DHCR ruled against tenants, finding that they hadn't responded to the notice of landlord's application from the DRA. Tenants then filed an Article 78 court appeal. They said that 85 tenants had responded to the DRA, claiming defective windows. The court ruled for tenants and sent the case back for reconsideration. The DHCR conducted new inspections, and found that 64 tenants had defective windows. The DHCR ruled that landlord was barred permanently from collecting any MCI rent hike from these tenants for the windows.

51-01 39th Avenue: DHCR Adm. Rev. Docket No. TA130022RP (1/14/09) [5-pg. doc.]

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