Tenant Refused Access for Window Installation

August 16, 2016

LVT Number: #27131

Landlord applied for MCI rent hikes based on building-wide installation of new windows. The DHCR ruled for landlord. One tenant filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable because she had refused to grant landlord access to install new windows. The court and appeals court ruled against tenant. The DHCR’s decision was reasonable despite tenant's claim that, since the work wasn’t required by law, she had the right to refuse installation and shouldn’t be charged the MCI increase.

Landlord applied for MCI rent hikes based on building-wide installation of new windows. The DHCR ruled for landlord. One tenant filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable because she had refused to grant landlord access to install new windows. The court and appeals court ruled against tenant. The DHCR’s decision was reasonable despite tenant's claim that, since the work wasn’t required by law, she had the right to refuse installation and shouldn’t be charged the MCI increase. Tenant also claimed that she didn’t get proper notice for the window installation, but she failed to raise this claim before the DHCR. 

 

 

Prioleua v. DHCR: 2016 NY Slip Op 05449, 2016 WL 3619836 (App. Div. 1 Dept.; 7/7/16; Mazzarelli, JP, Friedman, Andrias, Webber, Gesmer, JJ)

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