If windows cracked, can rent be raised percentage of cost?

ludy · Joined: 04 Nov 2009 Posts: 1

I have 100 year old windows and my landlord seems agreeable to having them replaced with me having my rent increased a percentage of the cost. None open from the top and three have cracks in the glass. Am I entitled to new windows because of the cracks? The raise in rent didn't bother me until the contractor came and says he would have to remove and replace trim and sills and they want to take out the original shutters on the windows. That isn't necessary to get new windows in place and will drive up the the project's cost.
any help is is welcome. My landlord is really helpful, but I just want to have as much info together when it comes time to discuss the raise in rent.

Thanks,

TenantNet · Joined: 21 Jan 2002 Posts: 4461 Location: New York City

I would not agree to any rent increase. Why? It's the LL's obligation to maintain windows in good condition. If they are broken, cracked, fail to open or otherwise do not perform as intended, that's the LL's obligation to maintain.
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Cranky Tenant · Joined: 02 Mar 2002 Posts: 1554 Location: Manhattan

I had 90 year old wooden frame windows. We used to have a super who would rebuild, or repair the old wooden windows out of left over window parts he kept in the basement, but our current super either didn't have the skills or the desire.

It took some work (I filed a decreased services complaint with DHCR) but I was finally able to get the landlord to replace the old wooden windows with new thermal windows with no raise in my rent. Workmen left the original sills and moulding intact though they did remove my air conditioner mount. As tenant.net said, it really is the landlord's responsibility to maintain the windows.

Also keep in mind that when they're installed properly modern day windows are far more efficient than hundred year old drafty windows. Why should you pay a rent increase so that your landlord can save on fuel costs?
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