Landlord Replaced More Than 80 Percent of Building's Windows

Landlord applied to the DHCR for MCI rent hikes based on the installation of new windows. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the work didn't benefit all building tenants because five apartments were exempt from the DRA's order. Tenant also claimed that the application was filed more than two years after the work was completed, that she didn't consent to the MCI installation, and that she didn't raise the issues raised in her PAR before the DRA because of the COVID-19 pandemic.

The DHCR pointed out that landlord replaced 412 of the building's 448 windows. This equaled more than 91 percent of the building's windows. The 36 windows that were not replaced were located in five apartments, where windows previously had been replaced between October 2016 and July 2018 either during unit renovation or due to disrepair. Landlord properly complied with the DHCR's 80 percent rule. And tenant had an adequate opportunity to answer the DRA's notice of the MCI application. This included the option of responding to the MCI application through the DHCR's web portal. Tenant had requested an extension to do so but never filed a response, and 18 months elapsed between this time and the issuance of the DRA's order.

Espinosa: DHCR Adm. Rev. Docket No. LO610022RT (10/25/23)[2-pg. document]