Window Installation Done in Two Phases

Landlord applied for MCI rent increases based on the installation of new windows. The DRA ruled against landlord because the installation was completed in a piecemeal fashion. Landlord appealed, claiming that the work was done in two phases as a consecutively timed project with only a few months elapsing between phases. The DHCR ruled against landlord. There was no proof that landlord intended to perform an MCI in two phases. After co-op apartment owners in the building were given permission to replace their own windows, landlord later found that all building windows needed replacement through a special assessment. The co-op tenant's windows were replaced first. Rent-stabilized tenants in the building stated that their windows weren't replaced until three years later, and landlord offered no proof to the contrary.

Mid State Mgmt.: DHCR Admin. Rev. Dckt. No. FD130320RO (7/19/02) [3-pg. doc.]