Docket No. EA220340RO

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

          APPEAL OF                               DOCKET NO.: EA220340RO 

          Eliyahu Niasoff                         DISTRICT RENT
          Agent for Sara Moskowitz                ADMINISTRATOR'S DOCKET
                                                  NO.: DJ220028BO(7M01498K)


              The above-named owner filed a timely petition for 
          administrative review of an order issued concerning the housing 
          accommodations known as 1371 43rd Street, Apartment 1R, Brooklyn, 
          New York.        

              The Commissioner has reviewed all the evidence in the record an 
          has carefully considered that portion of the record relevant to the 
          issues raised by the petition.

              The issue before the Commissioner is whether the 
          Administrator's order was correct.

              The Administrator's order being appealed, DJ220028BO was issued 
          on December 22, 1989.  In that order, the Administrator affirmed 
          the finding of 7M01498K, issued October 3, 1989, that the owner be 
          denied eligibility for a 1986/87 Maximum Base Rent (MBR) increase, 
          due to the owner's failure to make a timely payment of the MBR Fee. 

              On appeal, the owner states that payment was made and there is 
          evidence to prove as much; however, the agent is presently out of 
          town.  Upon his return, the owner will submit documentary proof of 
          her claim that the payment was made.

              The Commissioner is of the opinion that this proceeding should 
          be denied.

              The Commissioner notes that, subsequent to the issue of 
          7M01498K in October 1989 the owner submitted a check for $20 (the 
          proper amount) to the D.H.C.R. in payment of the MBR Fee, and that 

          Docket No. EA220340RO

          this check was returned to the owner by the Administrator.  The 
          Administrator noted this receipt and nonacceptance in DJ220028BO.  
          The Commissioner notes, however, that both of the Administrator's 
          orders were based on the finding that the Administrator had 
          requested payment of the MBR Fee on April 28, 1989, and had never 
          received payment at that time.  The Commissioner is thus of the 
          opinion that the "payment" that the agent will eventually "prove" 
          upon his return to work is the payment made to and refused by the 
          Administrator in October 1989.  As noted, the fact that the owner 
          attempted to make payment 6 months after it was requested by the 
          Administrator is not in doubt.

              The Commissioner is therefore of the opinion that the owner has 
          failed to prove on appeal that she made timely payment of the MBR 
          Fee, and that the Administrator was correct in thus denying to 
          owner eligibility for a 1986/87 MBR increase.

              THEREFORE, in accordance with the provisions of the Rent and 
          Eviction Regulations, it is

              ORDERED, that this petition for administrative review be, and 
          the same hereby is, denied, and that the order of the Rent 
          Administrator be, and the same hereby is, affirmed.


                                             Joseph A. D'Agosta
                                             Deputy Commissioner

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