STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DD130295RO
SANFORD FLUSHING ASSOCIATES
DOCKET NO.: CF130093B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 4, 1989 concerning the housing
accommodations known as 132-35 Sanford Avenue, Queens, New York,
wherein the Rent Administrator determined that certain conditions
found in the subject building constituted building wide services
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject premise was conducted by a
DHCR inspector who observed that the east wing elevator was
inoperative, that the east and west wing intercom system and east
wing buzzer system were defective, that the east and west wing
doors were open at the time of inspection, and that the east wing
door glass was broken.
The Rent Administrator directed restoration of these services, and
further, ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, new elevator parts and new intercoms were installed. In
support, the owner submits copies of contractors' proposals and
cancelled checks in partial payment thereof.
Copies of the owner's petition were served on the tenants, many of
whom filed responses disputing the owner's claims of adequate
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject building for which a rent reduction is
If the conditions were corrected prior to the issuance of the order
under review, the owner offered no evidence in the administrative
proceedings below to substantiate the allegation. Copies of
contractors' proposals and cancelled checks in submitted on appeal
cannot be considered, since their papers are beyond the scope of
review which is limited to a review of the issues and evidence
before the Administrator. If the conditions were corrected after
the issuance date, the determination was proper.
The record also reveals the Administrator issued an order on March
17, 1993 per Docket No.: GF130039OR that granted the owner's rent
The automatic stay of the retroactive rent abatement that resulted
the filing of this petition is vacated upon issuance of this order
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is
JOSEPH A. D'AGOSTA