Docket Number: FD-110022-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 110022-RO
: DISTRICT RENT ADMIN.
JOHN B. SWIFT MANAGEMENT CO., INC. DRO DOCKET NO.: EJ110839-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 8, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on March 21, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
On October 30, 1990, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on November 23, 1990, the owner alleged in
substance that required repairs have been performed and will be
Thereafter on March 7, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector, who confirmed the existence
of defective conditions.
On March 21, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner contends in substance that some of the
items are not required services; that the tenant never made any
mention of "rattling windows"; and that all repairs have been
The Commissioner is of the opinion that the petition should be
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
inspected or before the order was issued, or whether the contention
is that repairs were made following the issuance of the Rent
Administrator's order. If it is the former, then the owner's
allegation is belied by the report of the agency inspector. If it
is the latter, then the Rent Administrator's order reducing the rent
was nevertheless correct when issued, and this order is issued
without prejudice to the owner filing an application for restoration
The Commissioner notes that the owner in its answer below alleged
completed repairs and did not mention below the issue of required
services. Such inconsistency and failure by the owner estop the
Docket Number: FD-110022-RO
owner from raising this issue on appeal.
The Commissioner further notes that storm windows and screens are
necessary for the tenant's apartment or the tenant's comfort and
that the owner was put on notice by the tenant's original complaint
about problems with storm windows and screens.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby