Tenants with Leakage Exempted from MCI Increase

Landlord applied for MCI rent hikes for exterior restoration work and new windows, with related engineering fees. The DRA ruled for landlord. Tenants appealed, claiming that the exterior restoration work was piecemeal and not properly completed, and that the new windows were defective. The DHCR ruled for tenants in part. Since landlord's and tenants' engineers submitted conflicting reports on the exterior work, the DRA properly relied on DHCR inspection. The DHCR inspector found active leakage through the exterior walls in only two apartments out of 56 units. So the DRA's order was modified to permanently exempt those two apartments from the portion of the MCI increase that was for exterior restoration. The DHCR also found that the windows weren't defective. Tenants claimed that the windows were defective because they were too high for easy opening and closing. This dissatisfaction with the design of the new windows wasn't grounds for revoking the MCI rent hike. 

275 Central Park West Tenants Association: DHCR Adm. Rev. Docket No. BO430028RT (1/17/19) [2-pg. doc.]