Tenants Claim New Windows Were Defective

LVT Number: 12079

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord in part, granting rent increases for new windows building-wide, elevator upgrading, and an oil burner. Tenants appealed, claiming that some of the windows were defective. They said that all tenants in the 38-unit building should have been given advance notice of the window inspection so that they could have provided access. The DHCR ruled against tenants. Fifteen tenants had objected to landlord's MCI application, claiming window defects. Five of the apartments then became co-ops.

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord in part, granting rent increases for new windows building-wide, elevator upgrading, and an oil burner. Tenants appealed, claiming that some of the windows were defective. They said that all tenants in the 38-unit building should have been given advance notice of the window inspection so that they could have provided access. The DHCR ruled against tenants. Fifteen tenants had objected to landlord's MCI application, claiming window defects. Five of the apartments then became co-ops. The DRA inspected the remaining nine apartments of complaining tenants and found only one apartment with defective windows. An adjustment in the rent increase for that apartment was made in the DRA's order. The DRA apparently didn't inspect one other apartment. The DHCR ruled that tenant of that apartment could file a service complaint if there were continuing window problems. Defects in 2 out of 38 apartments didn't warrant denial of the MCI increase.

41 W. 82nd St.: DHCR Adm. Rev. Dckt. Nos. DK430384RO, DK130122RT (10/2/97) [5-page document]

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