GD 610213 RO
                                  STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          APPEAL OF                               DOCKET NO.: GD 610213 RO
          D G BRONX VENTURES INC.                 RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: FA 610046 S

               On April 17, 1992 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued March 18, 1992. The order concerned housing 
          accommodations known as Apt 1H located at 2104 Holland Drive, 
          Bronx, N.Y.  The Administrator ordered a rent reduction for failure 
          to maintain required services.  

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 

               The tenant commenced this proceeding on January 3, 1991 by 
          filing a Statement of Complaint of Decrease in Services wherein she 
          alleged that excessive noise was emanating from the boiler and that 
          vibrations from the boiler could be felt in the apartment.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on January 
          24, 1991 and stated that numerous contractors and repairmen had 
          been called to investigate the problem.  The owner further stated 
          that the installation of a new burner was responsible for the 
          vibration and that there was nothing that could be done to 
          alleviate the problem.
               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on February 19, 1992 and 
          revealed that there was evidence of excessive noise and vibrations 
          from the boiler.

               The Administrator issued the order here under review on March 
          19, 1992 and ordered a rent reduction of an amount equal to the 
          most recent guideline adjustment based on the report of the DHCR 

          GD 610213 RO

               On appeal the owner states that noise problem has been 
          somewhat alleviated, although it still has not been eliminated.   
          The owner attached a bill dated April 14, 1992 for $1500 from a 
          boiler repair company for work done which, the owner alleges, 
          should eliminate the vibration problem. The tenant did not file a 
               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be denied.

               The relevant inquiry before the Commissioner in deciding this 
          administrative appeal is whether the Administrator was correct in 
          issuing the order here under review based on the record available 
          at the time of issuance.  The Commissioner finds that the 
          Administrator was correct and, therefore, the order here under 
          review is affirmed.  The physical inspection on February 19, 1992 
          confirmed that the condition complained of continued to exist 
          despite the owner's alleged attempts to correct the problem.  The 
          Commissioner further notes that repair efforts that occur after the 
          Administrator's order has been issued cannot be considered in 
          determining if that order was correct when issued.

               Pursuant to 9 NYCRR 2523.4 a tenant may apply to the DHCR for 
          a rent reduction and the agency shall reduce the rent based on a 
          finding of failure to maintain required services.  The 
          Administrator based this determination on the entire record, 
          including the owner's answer and the results of the on-site 
          physical inspection.

               The owner may file for rent restoration when services have 
          been fully restored.

               THEREFORE, pursuant to the Rent Stabilization Law and Code it 

               ORDERED, that this petition be, and the same hereby is, 
          denied, and that the Rent Administrator's order be, and the same 
          hereby is, affirmed.


                                             JOSEPH A. D'AGOSTA
                                             Acting Deputy Commissioner

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