Landlord Gets Increase for Full Cost of Custom Windows

LVT Number: 9956

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord applied for MCI rent hikes based on the installation of new windows. The DRA ruled for landlord in part. The DRA approved a monthly rent increase of $2 per room for the windows based on a ''reasonable cost'' estimate used under the J-51 program for tax abatement and exemptions. The DRA disallowed some of landlord's claimed costs as excessive.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord applied for MCI rent hikes based on the installation of new windows. The DRA ruled for landlord in part. The DRA approved a monthly rent increase of $2 per room for the windows based on a ''reasonable cost'' estimate used under the J-51 program for tax abatement and exemptions. The DRA disallowed some of landlord's claimed costs as excessive. Landlord appealed, pointing out that the building was over 100 years old and that the window sizes throughout the building weren't standard or uniform. The new windows had to be custom-made. The DHCR ruled for landlord. Landlord proved that the windows were custom-made and were of high quality. So landlord was entitled to an MCI rent hike based on the full cost of the windows.

Van Buren: DHCR Adm. Rev. Dckt. No. CL 410044 RO (5/3/95) [5-page document]

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