Window Replacement Not Piecemeal

LVT Number: 10626

Landlord applied for MCI rent increases based on installation of new windows. The DRA ruled against landlord, finding that the work was done on a piecemeal basis. Landlord appealed, claiming that the window installation was one project performed in two phases for economic reasons and that all windows were replaced. Between 1988 and 1989, landlord replaced 227 windows as apartments became vacant. Between 1991 and 1992, landlord replaced the additional 538 windows when funds became available. The DHCR ruled for landlord.

Landlord applied for MCI rent increases based on installation of new windows. The DRA ruled against landlord, finding that the work was done on a piecemeal basis. Landlord appealed, claiming that the window installation was one project performed in two phases for economic reasons and that all windows were replaced. Between 1988 and 1989, landlord replaced 227 windows as apartments became vacant. Between 1991 and 1992, landlord replaced the additional 538 windows when funds became available. The DHCR ruled for landlord. The windows were replaced as part of a unified and consecutively timed installation. Landlord submitted copies of its proposal, contractor's statement, and canceled checks as proof of its compliance with MCI procedures.

Allendale Assocs.: DHCR Adm. Rev. Dckt. No. HH130141RO (3/11/96) [3-page document]

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