Tenant Not Exempt from Payment of Increase

Landlord applied for MCI rent hikes based on the replacement of windows building-wide. The DRA granted landlord's application, and tenant appealed. Tenant argued that he should be exempt from paying the MCI increase because his windows had been installed based on a court order. The DHCR ruled for landlord. Landlord qualifies for an MCI rent hike, even though the work was done to comply with a court order. Tenant's windows were installed shortly before the rest of the building's windows, landlord had used the same contractor for all the windows, and the entire job was completed within a reasonable time frame. So, the entire job qualifies as an MCI.

Pena: DHCR Adm. Rev. Dckt. No. HJ 110106-RT (8/19/94) [2-page document]