The Harvard Tenants Union, representing residents of all of the University's major apartment buildings, has asked the Cambridge Rent Control Board for an advisory opinion on Harvard's right to enter tenants apartments to conduct repairs.

The request for an advisory ruling filed last week, stems from a controversy at 9 13a Ware St., where tenants have protested Harvard Real Estate's ongoing installation of high-priced, energy-saving windows.

Rent Hikes

Tenants charge that the new thermopane windows will unfairly raise rents in the building, while HRE maintains that the windows are a part of Harvard's effort to comply with the rent board's policy of conserving energy.

HTU's petition for an advisory opinion asks: "Need a tenant grant his or her landlord access to his or her apartment for the purpose of making what can reasonably be called a renovation, substantial upgrading, or improvement which is not required" by state or local law'

Supervisor

The request also asks for an opinion on a specific case of window installation in the apartment of HTU organizer Robert Epstein. Epstein has agreed to allow the installation take place under the supervision of a tenant representative today, but has continued to defend his legal right to bar the repairs.

"We're going to let them come in as a means of relieving stress," said Epstein, who has already been involved in a court dispute over the windows.

"The law is clearly written to keep the landlord out except for certain specific purposes" he added explaining that a rent board ruling in favor of HTU could hamper Harvard's ongoing renovation projects.

"If the board gives a very strong ruling, it could put a very different cast on (HRE's) whole capital improvement program," said HTU Coordinator Michael Turk. He added that the rent board may act on HTU's request within the next two weeks.

HRE Attorney Daniel Polvere yesterday declined to comment on the details of the tenants' petition. But he said that HRE's policy of entering apartments "comes from the lease language" and that "we construe repairs in a broad sense [that allows entry] to include capital improvement."

Turk said HTU is hoping "to at least force them (HRE) to address the issue that tenants have certain legal rights."