Tenant Claims New Windows Defective

Facts: Landlord of Stuyvesant Town and Peter Cooper Village, two adjoining building complexes, applied for MCI rent increases based on installation of new windows building-wide. Tenants objected, claiming that a number of the new windows had shattered. Landlord began work to repair the problem windows. The DRA ruled against landlord, finding that its MCI application was incomplete given the broken windows. Landlord appealed, claiming that only 1.5 percent of the windows had problems. Landlord inserted capillary tubes into all the windows to prevent further problems. The DHCR ruled for landlord, granting the MCI application and delaying rent increases only for those units found to have had shattered windows. Tenants appealed, claiming that many more windows than claimed by landlord had problems and that MCI increases shouldn't have been granted. Court: Tenants win. Landlord installed the capillary tubes in all windows after its MCI application was filed. The work couldn't be considered complete until after this repair work was done. The court sent the case back to the DHCR's DRA for a complete review of landlord's MCI application. Tenants must be given a chance to comment on the window installations. In the meantime, landlord can't collect any further MCI increase.

Sanders v. Holland: NYLJ, p. 22, col. 2 (10/4/96) (Sup. Ct. NY; Cahn, J)