Replacement of Some Bathroom Windows Didn't Qualify as MCI

Landlord applied for MCI rent hikes based on the installation of new bathroom windows. The DRA ruled against landlord, who appealed and lost. Replacement of 23 bathroom windows out of the building’s 190 apartments was ordinary maintenance and repair work. Landlord claimed that it replaced all similar components existing in the building. But replacement of bathroom windows in only 23 apartments failed to meet the DHCR’s 80 percent rule. Also, bathroom windows, by themselves, didn’t qualify as an MCI without building-wide window installation.

38 Livingston Street Apt. Corp.: DHCR Adm. Rev. Docket No. CP230032RO (1/7/16) [2-pg. doc.]