Sealing of Public Windows Doesn't Qualify

Landlord applied for MCI rent increases based on a number of improvements, including sealing hallway windows with brick masonry. The DRA disallowed any MCI increase for sealing the windows. Landlord appealed, arguing that it sealed the 34 hallway windows and 22 basement windows because they were often left open by tenants. This resulted in water and snow accumulation and loss of heat. Landlord also claimed the window sealing prevented children from falling out or burglars entering the building and conserved energy. The DHCR ruled against landlord. Sealing public windows isn't required for the operation, preservation, or maintenance of the structure and, in fact, may result in a reduction in services.

I.B. Simkowitz Realty: DHCR Adm. Rev. Dckt. Nos. CI 530034-RT, CI 530081-RO (3/14/95) [5-page document]