To NYS DHCR re Docket Numbers & Status on Complaints on Manhattan Rent-Stabilized Apt

Susan A. filed this request with the New York State Division of Homes and Community Renewal of New York.
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Completed
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Communications

From: Susan A.

Attn: FOIL@nyshcr.org

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

I recently wrote to Stacey Payton, the person whose name was online as the FOIL officer for NYS Division of Housing and Community Renewal (DHCR). However, I did not receive any reply.

Here is her name, still online, from a google search:
-----------------------
Freedom of Information Law (FOIL) Requests
www.nyshcr.org/.../DHCR...

Division of Housing and Community Renewal

Feb 28, 2014 - In order to enable HTFC to be responsive to your FOIL request, please try to be as ... ORA's Records Access Officer is Ms. Stacey Payton. ... To the extent practicable, DHCR will respond to FOIL requests for Other DHCR ...

------------------------

But, I do not now see her name online at the DHCR FOIL page:
http://www.nyshcr.org/AboutUs/DHCRfoil.htm

Again, I wrote to her on June 4, 2015:

---------- Forwarded message ----------
From: Susan Alyn <susan.alyn@gmail.com>
Date: Thu, Jun 4, 2015 at 8:31 AM
Subject: Re query on fee to include with U.S. Mailed request
To: spayton@nyshcr.org

To Stacy Payton, DHCR FOI Officer:
. . .
--------------

However, again, I did not hear back from her.

I am writing now to request a certified copy of the following document from NYS DHCR:

A computer print out from the DHCR computer, showing:

1) the title of each DHCR complaint I filed with DHCR (Failure to Renew Lease, Harassment, etc.)
2) the docket number of each complaint I filed with DHCR
3) the current / final status of each complaint I filed with DHCR

Note again: I would like this computer print out information to be certified.

The requested document(s) will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Susan Alyn

From: nyshcr.sm.foil

Your request is hereby forwarded to the email address of the FOIL unit of DHCR’s Office of Rent Administration (ORA), which maintains the record(s) in question. If you have questions about this request, or further requests regarding rent regulated premises, please contact ORA directly at ORAFoil@nyshcr.org<mailto:ORAFoil@nyshcr.org>.

Please be informed that the agency’s email protocol recently changed, so that previous email addresses are no longer valid.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Susan A.

This email arrived in my in-box and I am posting here:

---------- Forwarded message ----------
From: Payton, Stacey (NYSHCR) <Stacey.Payton@nyshcr.org>
Date: Tue, Sep 8, 2015 at 1:04 PM
Subject: RE: Freedom of Information Law Request: To NYS DHCR re Docket Numbers & Status on Complaints on Manhattan Rent-Stabilized Apt
To: "susan.alyn@gmail.com" <susan.alyn@gmail.com>

Dear Ms. Alyn

We are in receipt of your FOIL request listed below. In order to assist you, please indicate the subject building and apartment number you are inquiring about. My correct email information is listed below.

Best Regards,

Stacey Payton

Records Access Officer

New York State Homes & Community Renewal

92-31 Union Hall Street Jamaica, NY 11432

stacey.payton@nyshcr.org

www.nyshcr.org

From: nyshcr.sm.foil
Sent: Tuesday, September 08, 2015 9:14 AM
To: nyshcr.sm.orafoil; Payton, Stacey (NYSHCR)
Subject: FW: Freedom of Information Law Request: To NYS DHCR re Docket Numbers & Status on Complaints on Manhattan Rent-Stabilized Apt

This person keeps sending emails regarding a previous FOIL request – in case her messages haven’t been getting to you, here’s her latest.

From: requests@muckrock.com [mailto:requests@muckrock.com]
Sent: Tuesday, September 08, 2015 5:00 AM
To: nyshcr.sm.foil
Cc: nyshcr.sm.orafoil
Subject: RE: Freedom of Information Law Request: To NYS DHCR re Docket Numbers & Status on Complaints on Manhattan Rent-Stabilized Apt

September 8, 2015
New York State Division of Housing and Community Renewal

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

---
On Aug. 24, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

---
On Aug. 7, 2015:
Your request is hereby forwarded to the email address of the FOIL unit of DHCR’s Office of Rent Administration (ORA), which maintains the record(s) in question. If you have questions about this request, or further requests regarding rent regulated premises, please contact ORA directly at ORAFoil@nyshcr.org<mailto:ORAFoil@nyshcr.org>.

Please be informed that the agency’s email protocol recently changed, so that previous email addresses are no longer valid.

---
On Aug. 6, 2015:
Attn: FOIL@nyshcr.org

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

I recently wrote to Stacey Payton, the person whose name was online as the FOIL officer for NYS Division of Housing and Community Renewal (DHCR). However, I did not receive any reply.

Here is her name, still online, from a google search:
-----------------------
Freedom of Information Law (FOIL) Requests
www.nyshcr.org/.../DHCR...

Division of Housing and Community Renewal

Feb 28, 2014 - In order to enable HTFC to be responsive to your FOIL request, please try to be as ... ORA's Records Access Officer is Ms. Stacey Payton. ... To the extent practicable, DHCR will respond to FOIL requests for Other DHCR ...

------------------------

But, I do not now see her name online at the DHCR FOIL page:
http://www.nyshcr.org/AboutUs/DHCRfoil.htm

Again, I wrote to her on June 4, 2015:

---------- Forwarded message ----------
From: Susan Alyn <susan.alyn@gmail.com>
Date: Thu, Jun 4, 2015 at 8:31 AM
Subject: Re query on fee to include with U.S. Mailed request
To: spayton@nyshcr.org

To Stacy Payton, DHCR FOI Officer:
. . .
--------------

However, again, I did not hear back from her.

I am writing now to request a certified copy of the following document from NYS DHCR:

A computer print out from the DHCR computer, showing:

1) the title of each DHCR complaint I filed with DHCR (Failure to Renew Lease, Harassment, etc.)
2) the docket number of each complaint I filed with DHCR
3) the current / final status of each complaint I filed with DHCR

Note again: I would like this computer print out information to be certified.

The requested document(s) will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Susan Alyn

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock
DEPT MR 20044
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

From: Susan A.

The building address is 37-1/2 Saint Marks Place, Apartment B-1, New York, NY 10003

From: Susan A.

According to online information here: http://www.nyshcr.org/Rent/orafoil.htm -- this is the correct email address:

file a Request for Records by email, at ORAFOIL@nyshcr.org

From: Susan A.

Re:

---------- Forwarded message ----------
From: Payton, Stacey (NYSHCR) <Stacey.Payton@nyshcr.org>
Date: Wed, Sep 9, 2015 at 3:44 PM
Subject: RE: Freedom of Information Law Request: To NYS DHCR re Docket Numbers & Status on Complaints on Manhattan Rent-Stabilized Apt
To: Susan Alyn <susan.alyn@gmail.com>

Ms. Alyn,

In order to comply with your FOIL request, you must provide us with the subject building address and apartment number, you’re inquiring about. Upon receipt of that information, your FOIL inquiry will be responded to. Thanking you in advance for your cooperation.

Stacey Payton

Records Access Officer

----------
---------- Forwarded message ----------
From: Susan Alyn <susan.alyn@gmail.com>
Date: Wed, Sep 9, 2015 at 5:16 PM
Subject: Fwd: Freedom of Information Law Request: To NYS DHCR re Docket Numbers & Status on Complaints on Manhattan Rent-Stabilized Apt
To: ORAFOIL@nyshcr.org
Cc: Stacey.Payton@nyshcr.org

Again -- please only use the MuckRock email address you received for this request, as the request was made by MuckRock.
This is the 2nd time I have emailed you to tell you that.

Please send email to this address for this public records request:

requests@muckrock.com

https://www.muckrock.com/foi/new-york-16/to-nys-dhcr-re-docket-numbers-status-on-complaints-on-manhattan-rent-stabilized-apt-20044/

For mailed responses, please address (see note):
MuckRock
DEPT MR 20044
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
▼ Susan A. ∞ 09/09/2015

The building address is 37-1/2 Saint Marks Place, Apartment B-1, New York, NY 10003

From: Susan A.

For the 3rd time -- Please only reply to the MuckRock email address you received (and stop emailing me). MuckRock made this request.

Thank you.

From: New York State Division of Housing and Community Renewal

An interim response, stating the request is being processed.

From: Susan A.

My understanding is that under NYS law, the records manager has "five days" to refuse or comply with this request:

http://www.dmlp.org/legal-guide/access-public-records-new-york

How to Request Records in New York
The records access manager has five days to refuse or comply with your request. See N.Y. Pub. Off. Law § 89.3(a).

-----------

On August 6, 2015, I requested the following public record via MuckRock here online:

A computer print out from the DHCR computer, showing:

1) the title of each DHCR complaint I filed with DHCR (Failure to Renew Lease, Harassment, etc.)
2) the docket number of each complaint I filed with DHCR
3) the current / final status of each complaint I filed with DHCR

-----------

It is now Sept 27, 2015.

I believe this is now more than "five days" from Aug 6, 2015.

An "interim response" from NYS DHCR is undated -- and is posted here on MuckRock on Sept 14, 2015, requesting 20 more days.

I don't think it should take two months to print out and email the computer page listing all the complaint titles, docket numbers and statuses
of complaints I filed.

This should have been satisfied within the required "five days." There has been no timely compliance. Please comply.



From: Susan A.

PS To Gary Conner -

My understanding is that under NYS law, the records manager has "five days" to refuse or comply with this August 2015 request:

http://www.dmlp.org/legal-guide/access-public-records-new-york

How to Request Records in New York
The records access manager has five days to refuse or comply with your request. See N.Y. Pub. Off. Law § 89.3(a).
-----

Also, the FOIL reference number DHCR assigned to my request is: 092015-0181

From: Susan A.

To: gconnor@nysdhcr.gov

Re: Appeal of FOIL Denials for Other DHCR Records
Any person denied access to any Other DHCR Record may, within 30 days, appeal such denial by writing to DHCR's FOIL Appeals Officer.

The FOIL Appeals Officer for Other DHCR Records is: Gary R. Connor, Counsel, 25 Beaver Street, 7th Floor, New York, New York 10004.

----------------------------------------------

To Gary R. Connor, General Counsel, DHCR --
phone - 212-480-6707
Email: gconnor@nysdhcr.gov

I filed a FOIL request with DHCR in August 2015 for a complete list of all my DHCR docket numbers, titles of DHCR actions, and current and final DHCR statuses of these matters, and it has been more than 30 days. I am writing to appeal and ask that you provide the requested FOIL records. Thank you.

Susan Alyn

From: Payton, Stacey (NYSHCR)

Please see the attached, regarding the above referenced FOIL request.

From: Susan A.

To MuckRock: Please re-send my appeal below to Gary Connor. I have been asking for these records since August and all I ever receive from Stacy Payton are notices telling me to wait 20 more days. Thank you.

------------
To: gconnor@nysdhcr.gov

Re: Appeal of FOIL Denials for Other DHCR Records
Any person denied access to any Other DHCR Record may, within 30 days, appeal such denial by writing to DHCR's FOIL Appeals Officer.

The FOIL Appeals Officer for Other DHCR Records is: Gary R. Connor, Counsel, 25 Beaver Street, 7th Floor, New York, New York 10004.

----------------------------------------------

To Gary R. Connor, General Counsel, DHCR --
phone - 212-480-6707
Email: gconnor@nysdhcr.gov

I filed a FOIL request with DHCR in August 2015 for a complete list of all my DHCR docket numbers, titles of DHCR actions, and current and final DHCR statuses of these matters, and it has been more than 30 days. I am writing to appeal and ask that you provide the requested FOIL records. Thank you.

Susan Alyn

From: Payton, Stacey (NYSHCR)

Please be advised, on 11/2/15 a response to the above referenced FOIL inquiry was sent to the following email address: susan.alyn@gmail.com<mailto:susan.alyn@gmail.com>. I will forward the response to your email address again.

Thank you for your inquiry.

Stacey Payton
Records Access Officer
New York State Homes & Community Renewal
92-31 Union Hall Street Jamaica, NY 11432
stacey.payton@nyshcr.org<mailto:stacey.payton@nyshcr.org>
www.nyshcr.org<http://www.nyshcr.org>

From: Payton, Stacey (NYSHCR)

Please refer to the below email dated February 1, 2016.

From: New York State Division of Housing and Community Renewal

A copy of documents responsive to the request.

From: Susan A.

To Stacey Payton, NYS DHCR:

There is no "below email dated February 1, 2016" that I see here on MuckRock,
What emails you have sent to me I will now forward to MuckRock, seeing that you are not responding to MuckRock with the requested documents.

In reviewing this public thread, I believe you have repeatedly been asked not to email me at my personal email address, but to instead provide the requested documents to MuckRock, as the request was made by MuckRock.

Here again is a MuckRock reply to you, dated Sept 2015, requesting you respond to MuckRock (and not to my personal email address):
----------------------------
From: Susan A. [posted on MuckRock]
09/09/2015

Subject: None

For the 3rd time -- Please only reply to the MuckRock email address you received (and stop emailing me). MuckRock made this request.

Thank you.
---------------------------------------

From: Susan A.

I have now reviewed a Nov 2, 2015 certified response from DHCR emailed to my personal email address on Nov 2, 2015 and Feb 1, 2015.

I notice there are no dates included in the status of each complaint. Isn't the date a complaint was closed part of the information you typically provide with a request for records? Why were all the dates omitted herein? Do I need to make a new request now, specifically asking for the dates of the complaint and the dates of the final status of each complaint?

Please let me know by replying to this MuckRock follow-up on MuckRock. Thank you.

From: Susan A.

PS I meant to type "Feb 1, 2016" above.

From: Susan A.

Also, there are numerous problems with the status of these complaints. For example, the harassment complaint was "closed without a finding" even though included in that complaint is a NYS DHCR Order to Renew Lease.

NYS DHCR also failed to enforce its own Order to Renew Lease after a bogus entity took title to the building. Enforcing the order would have exposed the bogus entity as a fraud, but instead, renewal leases issued to other tenants, who did not have a NYS DHCR Order to Renew Lease, were issued by this fraud.

By contrast, I did not get compliance with the NYS Order to Renew Lease because NYS DHCR did not enforce its own order against this fraudulent new owner, allowing the fraud to escape detection.

I will be requesting other documents from NYS DHCR via MuckRock so that a public record can be created, showing how NYS DHCR fails to stop harassment of a tenant and fails to enforce a NYS DHCR Order to Renew Lease once the building is owned by a fraud.

That's helpful to a fraud, but not to a rent-stabilized tenant who is harassed out of her apartment by agents of the fraudulent new owner. I think NYS DHCR should stop helping fraudulent new owners, and instead help tenants when title to a building under the jurisdiction of DHCR is taken over by a fraudulent new entity.

From: Susan A.

Again, I am waiting for your response: Shouldn't a date appear with each final status of a complaint? (Isn't the inclusion of a date part of the final status?)

If not, do I need to make another request, this time specifying I want the date shown next to each final status? (I didn't specify date because I thought that a date was part of the final status: ie, "closed without a finding on X date").

Please respond to this follow-up here on MuckRock. Thank you.

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