Piecemeal Window Installation Doesn't Qualify

January 1, 2000

LVT Number: 13777

Landlord applied for MCI rent hikes based on the replacement of windows. The DRA ruled against landlord, finding that the work was done in a piecemeal fashion. Landlord appealed and lost. Although the same contractor installed all the windows, there was no contract for the overall installation. Instead, there were separate invoices for each apartment. Eight invoices were dated May 1987, six invoices were dated August 1987, two invoices were dated January 1988, five invoices were dated March 1988, one invoice was dated September 1988, and one invoice was dated November 1988.

Landlord applied for MCI rent hikes based on the replacement of windows. The DRA ruled against landlord, finding that the work was done in a piecemeal fashion. Landlord appealed and lost. Although the same contractor installed all the windows, there was no contract for the overall installation. Instead, there were separate invoices for each apartment. Eight invoices were dated May 1987, six invoices were dated August 1987, two invoices were dated January 1988, five invoices were dated March 1988, one invoice was dated September 1988, and one invoice was dated November 1988. It took landlord a year and a half to replace windows in 19 of the building's 22 apartments, with gaps of four or five months during which no windows were installed.

Rutigliano: DHCR Adm. Rev. Dckt. No. GE430284RO (11/30/99) [2-pg. doc.]

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