Landlord Needn't Replace Lot Line Windows

LVT Number: 16385

Landlord applied for MCI rent hikes based on the installation of new windows building wide. The DRA ruled for landlord, and tenant appealed. Tenant pointed out that the window in her kitchen wasn't replaced because it was a lot line window. She said she shouldn't have to pay the MCI rent hike for her three-room apartment. The DHCR ruled against tenant. Landlord needn't replace lot line windows to have building-wide window replacement qualify as an MCI. And since the improvement benefited the whole building, tenant was required to pay her share of the MCI rent hike.

Landlord applied for MCI rent hikes based on the installation of new windows building wide. The DRA ruled for landlord, and tenant appealed. Tenant pointed out that the window in her kitchen wasn't replaced because it was a lot line window. She said she shouldn't have to pay the MCI rent hike for her three-room apartment. The DHCR ruled against tenant. Landlord needn't replace lot line windows to have building-wide window replacement qualify as an MCI. And since the improvement benefited the whole building, tenant was required to pay her share of the MCI rent hike.

Ruskin: DHCR Admin. Rev. Dckt. No. QD430134RT (12/17/02) [2-pg. doc.]

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