GD 610213 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.: GD 610213 RO
D G BRONX VENTURES INC. RENT
NO.: FA 610046 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
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
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