No MCI Rent Hike Where Some Windows Not Replaced

LVT Number: #25799

The DRA granted landlord's application for MCI rent hikes based on the installation of apartment windows. Tenants appealed, claiming that not all of the apartment windows were replaced. The DHCR ruled for tenants. In order to qualify as an MCI, all apartment windows must be replaced unless new windows had been installed in certain apartments earlier or certain windows had special characteristics clearly of a distinct or different nature. In this case, DHCR inspection showed that landlord had not replaced old bathroom windows in the A and C lines of the building.

The DRA granted landlord's application for MCI rent hikes based on the installation of apartment windows. Tenants appealed, claiming that not all of the apartment windows were replaced. The DHCR ruled for tenants. In order to qualify as an MCI, all apartment windows must be replaced unless new windows had been installed in certain apartments earlier or certain windows had special characteristics clearly of a distinct or different nature. In this case, DHCR inspection showed that landlord had not replaced old bathroom windows in the A and C lines of the building. The MCI rent hikes therefore were revoked entirely.

151 East 80th Street: DHCR Adm. Rev. Docket No. XL430054RT (8/6/14) [2-pg. doc.]

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