Landlord Can't Appeal DHCR's Prior Opinion

Landlord asked the DHCR for a prior opinion on whether proposed work constituted a major capital improvement. Landlord didn't agree with the DHCR's opinion and filed a petition for administrative review appealing it. The DHCR dismissed landlord's PAR without ruling on the merits. A PAR can't be filed against a prior opinion, because it isn't a DHCR order. A prior opinion from the DHCR is only an advisory opinion of the agency. A ruling on whether any MCI work performed by landlord qualified as an MCI can be made only after the work is completed and landlord submits an application for rent increases.

Bowman, LLC: DHCR Adm. Rev. Docket No. WG930066RO (8/26/08) [1-pg. doc.]