Landlord Must Replace Window Guards and Air Conditioners After MCI Completed

Landlord applied for MCI rent hikes based on the installation of new windows. Tenants complained that they had to pay for removing, and then replacing, their air conditioners and window gates so that the windows could be installed. The DRA granted landlord's application, and tenants appealed. The DHCR stated that tenants' rights to maintain approved air conditioners and window guards was a required service. If landlord had consented to the installation of the window guards or air conditioners, either directly or indirectly, then landlord was required to remove and reinstall these items when any exterior work required it. But landlord wasn't required to make structural changes or conform the new windows to tenants' existing air conditioners or window guards. So, if tenants' air conditioners and window guards were installed with landlord's permission and fit in the new windows, landlord was responsible for the cost of their reinstallation. The MCI increases were upheld.

Various Tenants of 103-19 68th Road: DHCR Adm. Rev. Dckt. Nos. FE 110286-RT, FG 110490-RT, FF 110743-RT, FG 110204-RT, FG 110486-RT, FE 110487-RT, FE 110486-RT (3/23/93) [6-page document]