BD 110085 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.: BD 110085 RO
1753 Realty Co., DISTRICT RENT ADMINISTRATOR
DOCKET NO.: 7MI 01625-K
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 2, 1987 the above named petitioner-landlord filed
a Petition for Administrative Review against an order issued on
February 27, 1987 by the Director, MBR unit, 91 Lawrence Street,
Brooklyn, New York, concerning housing accommodations known as
1753 47th Street, Brooklyn, New York.
The Administrative Appeal is being determined pursuant to
the provisions of 9NYCRR 2201.4.
The issue herein is whether the landlord is entitled to
1986-87 Maximum Base Rent (hereafter MBR) increases.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The Director's MBR order found the landlord ineligible for
1986-1987 increases based on a finding that the landlord did not
meet the violation certification requirements. Petitioner filed
a challenge to that order and, at the same time, filed the
instant petition with the Commissioner. In the petition, the
landlord merely states that an objection has been filed against
the MBR revocation order.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The administrative appeal process, in connection with
maximum base rent proceedings, is a two-step process. The
initial appeal step in a maximum base rent proceeding is a
challenge which should be filed, and considered, before the
Administrator. When a challenge has been decided, the Rent
Administrator's order deciding such challenge can be appealed to
the Commissioner, provided such appeal is filed within 35 days
BD 110085 RO
from the date of issuance of the Rent Administrator's order.
In the instant proceeding the landlord filed a challenge to
the original MBR order and, at the same time, filed the petition
currently under review. The petition must be denied as being
The Commissioner notes that after the owner's challenge to
the MBR order was adjudicated and denied (Docket No. 7MBC 00144
K), the owner properly filed a Petition for Administrative Review
(Docket No. BF210370 RO) which was also denied in an order and
opinion issued by the Commissioner on July 11, 1991.
Accordingly, there is no issue to be determined in this
proceeding and the landlord's eligibility to collect 1986-87 MBR
increases has been fully adjudicated in the other aforementioned
THEREFORE, pursuant to the Rent and Eviction Regulations, 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.