Not Enough Windows Replaced

LVT Number: 8368

Landlord applied for MCI rent hikes based on the installation of new windows. The DRA denied landlord's application, finding that the windows were installed in a piecemeal manner between 1983 and 1985. Landlord appealed, and the DHCR ruled against landlord. Of the 918 apartment windows in the building, only 615---or 70 percent---were replaced. While acknowledging that in some circumstances full replacement isn't necessary, the DHCR requires replacement of at least 80 percent of the windows for consideration as an MCI.

Landlord applied for MCI rent hikes based on the installation of new windows. The DRA denied landlord's application, finding that the windows were installed in a piecemeal manner between 1983 and 1985. Landlord appealed, and the DHCR ruled against landlord. Of the 918 apartment windows in the building, only 615---or 70 percent---were replaced. While acknowledging that in some circumstances full replacement isn't necessary, the DHCR requires replacement of at least 80 percent of the windows for consideration as an MCI.

Twelve West 72nd Street Corp.: DHCR Adm. Rev. Dckt. No. BJ 430015-RO (11/10/93) [4-page document]

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