Window and Door Replacements Done Piecemeal

Landlord applied for MCI rent hikes based on installation of new windows and doors. The DRA ruled against landlord, finding that the work was done in a piecemeal manner and wasn’t part of a consecutively timed project with one unified contract. Landlord appealed and lost. Landlord claimed that any delay in completing the work was caused by litigation with one tenant, who had refused access into his apartment. Landlord also claimed that the work was done by one contractor, in three phases. But landlord failed to show the intention at the outset to perform a unified and consecutively timed window and door installation on a building-wide basis. It took landlord almost two years to replace 22 windows and two doors. Landlord contracted for 23 percent of the window installation work in 208, 31 percent in 2009, and 31 percent a year later in 2010. One door was replaced in 2009, the other in 2010. There was no contractor statement, contract, or any other proof to support landlord’s claim that this was all part of one plan.

Escorp Inc: DHCR Adm. Rev. Docket No. BU410032RO (8/18/16) [2-pg. doc.]