Offering Plan Obligated Landlord to Buy New Windows

July 31, 1996

LVT Number: 10771

Landlord applied for MCI rent increases based on installation of new windows, a boiler, and burner. The DHCR ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. The co-op building offering plan stated that landlord would provide new windows, boiler, and a burner at its sole cost and expense. This barred landlord from obtaining an MCI rent increase based on these improvements.

Landlord applied for MCI rent increases based on installation of new windows, a boiler, and burner. The DHCR ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. The co-op building offering plan stated that landlord would provide new windows, boiler, and a burner at its sole cost and expense. This barred landlord from obtaining an MCI rent increase based on these improvements.

Abstract Management, Inc. v. DHCR: NYLJ, p. 26, col. 5 (7/26/96) (App. Div. 2 Dept.; O'Brien, JP, Goldstein, Florio, McGinity, JJ)

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