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 ------------------------------------------------------------ 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. ------------------------------------------------------------ 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 ------------------------------------------------------------