Replacement Windows Installed After Storm Windows

September 30, 2011

LVT Number: #23647

Landlord applied for MCI rent hikes based on the installation of new windows. The DRA ruled for landlord in part but exempted 11 tenants from any rent increase because the new windows replaced storm windows whose useful life hadn't been exhausted. Landlord appealed and won. DHCR Policy Statement 89-5 sets forth a method for determining MCI increases for replacement windows installed after a prior increase was granted for storm windows. But Policy Statement 89-5 didn't apply here because the windows were installed in 1986, before it was issued in 1989.

Landlord applied for MCI rent hikes based on the installation of new windows. The DRA ruled for landlord in part but exempted 11 tenants from any rent increase because the new windows replaced storm windows whose useful life hadn't been exhausted. Landlord appealed and won. DHCR Policy Statement 89-5 sets forth a method for determining MCI increases for replacement windows installed after a prior increase was granted for storm windows. But Policy Statement 89-5 didn't apply here because the windows were installed in 1986, before it was issued in 1989. Landlord can collect the MCI rent hikes from all tenants, including the 11 previously exempted.

740 West End Avenue: DHCR Adm. Rev. Docket Nos. VI430068RO, VJ430042RT (8/26/11) [4-pg. doc.]

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