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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. BD 120073-RT
RAFFEALLA INCANTALUPO, DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO. 7MBC25Q (7MO2380-Q)
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 7, 1987, the above-named tenant filed a petition for administrative
review of an order issued on April 3, 1987 by a District Rent Administrator
concerning the housing accommodations known as the Top Floor Apartment, 10-
31 51st Avenue, Long Island City, New York.
The Administrator in the order under review herein, determined that the
subject tenant did not file a timely challenge of the 1986-1987 MBR order of
eligibility under Docket No. 7M02380-Q, issued on September 10, 1986.
Accordingly, the Commissioner finds that the only issue to be determined in
this proceeding is whether the subject tenant filed a timely challenge of
the rent agency's order under Docket No. 7MO2380-Q.
The Commissioner finds that the subject tenant's petition did not establish
that her challenge to the above-mentioned order (1986-1987 MBR order of
eligibility) was timely filed. The Commissioner further finds that the
tenant's petition does not even raise the issue of the timeliness of the
filing of the above-mentioned challenge.
As the record reflects that the tenant did not file a timely challenge to
the 1986-1987 MBR order of eligibility, the Commissioner finds that there is
no issue to be determined by the Commissioner in this proceeding, and that
the tenant's petition should be denied.
Accordingly, the Commissioner finds that the Administrator's order should
not be disturbed.
THEREFORE, in accordance with the City Rent and Rehabilitation Law and the
Rent and Eviction Regulations, it is
DOCKET NO.: BD 120073-RT
ORDERED, that this petition be, and the same hereby is, denied, and that the
Administrator's order, under Docket No. 7MBC25Q (7MO2380-Q), be, and the
same hereby is, affirmed.
Acting Deputy Commissioner
Note: This order is being issued without prejudice to the rights of any of
the parties arising out of future determinations by the rent agency.