Defective Windows in Eight Apartments

LVT Number: 9283

Landlord applied for MCI rent hikes based on the installation of new windows in the building's apartments and hallways. Tenants claimed that the windows were defective and hazardous to use. A DHCR inspector found a number of defective windows, and the DRA denied the application. Landlord appealed, and the DHCR ruled for landlord. Landlord had installed a total of 1,769 new windows in 294 apartments, but only eight tenants had defective windows. Since only a small percentage of the new windows were defective, the work qualifies as an MCI.

Landlord applied for MCI rent hikes based on the installation of new windows in the building's apartments and hallways. Tenants claimed that the windows were defective and hazardous to use. A DHCR inspector found a number of defective windows, and the DRA denied the application. Landlord appealed, and the DHCR ruled for landlord. Landlord had installed a total of 1,769 new windows in 294 apartments, but only eight tenants had defective windows. Since only a small percentage of the new windows were defective, the work qualifies as an MCI.

MacNish Assoc.: DHCR Adm. Rev. Dckt. No. IE 110016-RP (9/13/94) [4-page document]

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