New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400

POLICY STATEMENT 89-3

MBR FEE COLLECTIBILITY

This policy statement specifies the procedures for MBR fee
payment for the 1988-89 and 1990-91 cycles.

INTRODUCTION

According to the New York City Rent and Eviction Regulations,
Section 2200.17 states, "the fee for processing and obtaining any
order ... shall in no event be refunded ... where the landlord
has not paid the fee, the Administrator may deny, defer or revoke
the order ... for the biennial period for which the required fee
was not paid."

Where an owner filed an MBR application during the 1986-87 cycle,
notice to pay the MBR fee was sent with the order of eligibility.
If an owner did not subsequently pay the fee, a final payment
notice was sent allowing an additional 90 days for payment. If an
owner failed to make final payment, he/she was subject to
revocation of the order.

Those owners who were denied the increase were never billed.

1988-89 CYCLE

Where an owner files an MBR application DHCR processes the
request in the following manner:

-  Notice requesting payment of the MBR fee is sent to the
   owner prior to receiving an order of eligibility or denial.

-  Where an MBR application is denied, the fee, if paid will be
   returned to the owner.

-  Where the owner is granted an order of eligibility for the
   rent increase, DHCR retains the fee.

-  If, however, an owner does not pay and has received an order
   of eligibility, he/she will be sent a final payment notice. If
   payment is not made within ninety days then the order will be
   revoked.

1990-91 CYCLE

Upon DHCR's receipt of the MBR application, the owner will be
billed for the appropriate number of rent controlled apartments,
based on the submitted rent schedule. The owner will be requested
to submit the fee within 20 days of receipt of the bill. If the
owner does not submit the fee, a final notice requesting payment
will be sent, allowing an additional 30 days for remittance.
Since the MBR fee, will be collected as an application processing
fee any owner who fails to make payment after appropriate notice
will be issued an order of denial.


DATE: March 1989

Elliot G. Sander
Deputy Commissioner

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DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.

The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Advisory Opinions,
DHCR Operational Bulletins, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.

Every attempt has been made to conform to the original Policy
Statements as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written.  The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws.  Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.

Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400

Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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