Dont need new cheap windows...how to stop?

[Libra gal]

In a rent stabilized old bldg for eons, with landlord who tries every tactic for more rent and to evict (fires, thefts, no heat, MCIs not needed etc.)
Now he wants 3 days to replace my many windows which are perfect since a fire and replacement 12 years ago. How do I stop this? It's uneccessary and exposes my apt to open access etc.

[Phil Cohen]

You can't prevent a landlord from performing necessary maintenance. Theoretically at least, he could evict you for failing to provide access. What would he perform such expensive work? Is he angling for an MCI?
You may wish to remind him that the windows are 12 years old and in excellent condition. Check the new MCI rules. I am fairly sure that he can't get an MCI for windows that are so recently installed.

[jot0n0]

If the LL is angling to receive a MCI rent increase for the work performed, the window replacement must be on a building wide basis not just your apt. For major capital improvement (MCI) rental increases, LL must apply and receive approval from DHCR. DHCR determines if the improvement qualify for the increase by following a useful life schedule, which is in accordance with manufacturing industry standards. DHCR can also make exception to the useful life schedule based on wear and tear and decay or decline from natural causes; normal progress of the arts, economic changes, inventions and current developments; and climatic and other local conditions.

Window useful life schedule is below.

· Aluminum - 20 Years - Estimated Life
· Wood - 25 Years - Estimated Life
· Steel - 25 Years - Estimated Life
· Storm - 20 Years - Estimated Life
· Vinyl - 15 Years - Estimated Life

For more info, see link: http://www.dhcr.state.ny.us/ora/pubs/html/orao902.htm

[Libra gal]

Thanks a lot John and Phil for your info but all I want now is to find legal way to stop their putting in cheap windows as mine are excellent and only 12 yrs old.
I have told/written them and their windows guy I dont need or want them. ****What NY Housing person can tell them NOT to put in cheapies and distress me with no security for 3 days? Thanks for any answers V Libra

[TenantNet]

Except cutting and pasting from a DHCR document has nothing to do with the poster's inquiry - which implies she knows how MCI's work. The short answer to the question is: you can't. Yes, it's important to figure in MCI eligibility into the equation as maybe it's a stupid LL who thinks he can get a MCI. Useful life is a factor, but there may be exceptions in case law. It could also be an individual improvement - although that generally involves getting tenant consent. Generally with window MCI's all windows must be replaced - except building line units can be excepted - those on the property line and often have wire glass. (there are reasons for that but beyond the scope of this discussion). In terms of access - to be more responsive - tenants must permit access if given reasonable advance notice in writing, at a reasonable time and describing the reason for access (repairs, inspection, etc.). You could delay it and/or demand reasonable time, but if they want to push it, they can lawfully demand access. That he may want to replace perfectly good windows is legally irrelevant. But you can certainly remind him his chances of getting a MCI are slim. If there are other issues, i.e., the design of the new windows could be a security risk, you could raise that as an issue, but that might be a hard one if he pursues legal action.

[jot0n0]

Without knowing all the details of your building I can only speculate. You mentioned there was a fire 12 years ago and your windows were replaced, were windows replaced for the entire building or just those units affected by the fire? Depending on the size of the building and the affected units, there may still be a majority of units with old windows. The LL may believe it’s easier to replace all the windows, including the newer ones and get an MCI increase instead of getting approval from each tenants.

As to fighting the window replacement, there is not much you can do to prevent it, as mentioned above. But when the LL submits an MCI rent increase application to DHCR, DHCR notifies the tenants and gives them an opportunity to submit objections to the application. You can review the MCI application with supporting documentation, which LL is required to have on the premises or at DHCR’s office. The tenants’ responses are considered prior to a final determination. DHCR will issue an order either granting an increase in whole or in part or denying the increase. You may want to speak to your neighbors who feel the same way as you and organize a uniform objection to the MCI application. Who knows, nothing may come out of it or it may reduce the increase, but it will probably delay the approval process and no rent increase can be collected by LL until DHCR approves it.

<small>[ March 25, 2003, 01:34 PM: Message edited by: John ]</small>

[Phil Cohen]

I am confused by your statement "three days no security." What do you mean by that exactly? Three days of workers in your home? Three days of no windows?

If you feel really adamantly about this window thing, your best bet is a campaign of passive resistence. Don't respond to calls. You're sick, you're this, you're that. But at the end of the day, if they want to force the issue, that is that. LLs sometimes do stupid things that cost them money.

[Libra gal]

Final thanks to John and Phil .. for bothering to give good advice. I paid an atty. to write/deliver strong letter to landlord about not needing windows confirmed etc. Phew, they did NOT come to take mine out. So far so good. It's about their 2nd upcoming MCI and we have tenants' committee now, fighting it and another one!

Re: Fire 12 yrs ago, was only in my apt (their faulty 1905 era electric, finally proved as I took photos).

[joliett]

I would just like to point out that this building is an HISTORIC BUILDING...permits are required for most all exterior work.

http://www.nyc.gov/html/lpc/html/permit/forms/windows_.html