To Special Prosecutions/ Special Litigation Bureau, NY County (Manhattan) District Attorney re Complaint Filed against NYS DHCR Harassment Attorney Michael B. Rosenblatt

Susan A. filed this request with the New York County District Attorney - Special Prosecutions of New York City, NY.
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Communications

From: Susan A.

PS This is the Michael B Rosenblatt who was the subject of my complaint to your office:

(found online and saved as a pdf file:)

Honorable John G. Testa
Minority Leader
Legislator, 1st District

MEMORANDUM

TO: Michael Kaplowitz, Chairman

FROM: John Testa, Minority Leader
Republican Caucus

DATE: April 27, 2015

RE: Rent Guidelines Board Appointment

After consultation, the Republican Caucus recommends that Michael B. Rosenblatt, Esq. be appointed to an open seat on the Rent Guidelines Board. Mr. Rosenblatt’s resume is attached.

MICHAEL B. ROSENBLATT, ESQ.
28 Larchmont Street
Ardsley, NY 10502
(914) 693-1745 [Cell: (917) 692-6636]
email: mrosenblatt.esq@gmail.com

Key Talents and Skills:

Excellent organizational and management skills as evidenced by effective supervision of a staff of almost 400 at the New York State Division of Housing and Community Renewal's (DHCR) Office of Rent Administration.

Significant, high quality litigation skills, evidenced by the successful representation of the state housing commissioner in the NY State Supreme Court and the Appellate Division of State Supreme Court.

Significant experience in private practice litigation in all courts of New York, as counsel to two of New York City's major landlord-tenant law firms.

Widely recognized as an expert in the field of rent regulatory law; have been interviewed and quoted extensively in Apartment Law Insider, as well as the New York Times and Real Estate Weekly.

Professional Qualifications: Current Employment

Since July, 2004, I have served as Assistant Commissioner and Deputy Counsel to the DHCR's Office of Rent Administration (ORA). As ORA's chief legal officer, I serve as chief counsel to the Deputy Commissioner for Rent Administration and I supervise the legal affairs of the various operating bureaus of ORA, ensuring both the even handed application off the state's rent laws, and the smooth operation of the functions of those bureaus that employ a total staff of almost 400 individuals. Additionally, I serve as the chief of one of those operating bureaus: the Rent Control/ETPA Bureau. That responsibility includes oversight of the downstate areas' three county District Rent Offices (Westchester, Nassau and Rockland Counties). As general counsel to the Westchester County Rent Guidelines Board, and as RC/ETPA Bureau Chief, I oversee the agency's advisory role in guiding the various county boards in their establishment of annual rent adjustment guidelines.

During my tenure as chief of the RC/ETPA Bureau, staff productivity, particularly the timely issuance of orders establishing the Maximum Base Rent (MBR) of rent controlled apartments, increased dramatically. Under my direction, the RC/ETPA staff has made significant inroads into a pending case backlog, and reduced processing time from intake of complaints/applications, to issuance of orders.
Immediate Past Employment

Between February, 2000 and July, 2004, I was Assistant Counsel (Senior Attorney) with the New York State DHCR, where my varied responsibilities included legal representation of the State Housing Commissioner in Supreme Court and the Appellate Division, and the preparation of pleadings and legal memoranda and briefs in support of such representation. I engaged in significant oral argument before justices of the Supreme Court and the Appellate Division. I also served, and continue to serve, as general counsel to the Westchester County Rent Guidelines Board.

I worked (on a pro bono basis) as a lecturer at Hunter College for a course sponsored by the New York City DHPD entitled “Housing Maintenance and Building Systems.” My lectures taught property owners how to achieve and maintain a sound rent roll while complying with all state rent regulatory laws.

Prior Employment

I engaged in all facets of representation (both in court and before the DHCR) of property owners and tenants of regulated and non-regulated housing as Counsel to the Manhattan law firms of Borah, Goldstein, Altschuler, Schwartz and Nahins, PC (February, 1997 through January, 1998), and Fromme, Schwartz, Newman & Cornicello, LLP (February, 1998 through January, 2000).

Prior to my years of private practice in the area of landlord-tenant law, I served the Rent Stabilization Association of NYC, Inc. (RSA) as Deputy General Counsel. In addition to counseling its members as to their rights, responsibilities and obligations, RSA counsels owners regarding compliance with the mandates of NY’s rent regulatory laws.

While also supervising RSA’s counselors, my responsibilities included providing legal advice and counsel to the company’s officers and board members, and to RSA’s owner members on non-DHCR issues such as lead paint liability, water metering, J-51 and 421-a benefits and ECB and HPD proceedings, as well as on DHCR matters such as MCI applications, overcharge and Fair Market Rent Appeals, and services and harassment issues.

Between October, 1987 and November 1992, I was a senior prosecuting attorney with the New York State DHCR, Office of Rent Administration, Enforcement Bureau. As such, and in addition to supervisory responsibilities over DHCR Enforcement Officers, I was responsible for enforcing New York’s laws which prohibit the harassment of tenants. In that context I mediated owner/tenant disputes of significant complexity. If the commencement of formal adjudicatory proceedings was indicated, my responsibilities included all facets of pleadings preparation, pretrial work, and the conduct of the prosecution itself.

Before immersing myself in the field of rent regulation, I was a felony trial attorney with the New York City Legal Aid Society (jury trials through verdict), and have practiced privately, where my areas of concentration have included real estate and owner/tenant work. I have also been an Administrative Law Judge with the NYS Public Employment Relations Board and the NYS Department of Labor.

Education, Training and Honors:
J.D. - 1971 - New York Law School
B.A. - 1968 - Pennsylvania State University
Bar Admissions:
New York Bar - December 23, 1971 (First Department)
Colorado Bar - October 8, 1992 (Inactive)
U.S. Supreme Court - May 24, 1976
U.S.C.A. (2nd Cir.) - April 2, 1973
U.S.D.C. (SDNY & EDNY) - June 19, 1993
U.S.D.C. (District of Colorado) - September 10, 1993
U.S. Tax Court - July 5, 1985
--------------------

http://newyork.citybizlist.com/article/273134/michael-b-rosenblatt-of-rosenberg-estis-pc-joins-westchester-county-rent-guidelines-board

Michael B. Rosenblatt Of Rosenberg & Estis, P.C. Joins Westchester County Rent Guidelines Board

6/2/15

Michael B Rosenblatt Rent Guidelines Board

Fill Public Member Vacancy for Next 4 Years;
Previously Served for 13 Years as General Counsel

Rosenberg & Estis, P.C. announced that Michael B Rosenblatt, Of Counsel with the firmʼs
Administrative Group, was appointed to fill a four-year term as a Public Member of the
Westchester County Rent Guidelines Board.

Rosenblatt had previously served as the boardʼs General Counsel from 2000 to 2013.

The WRGB comprises nine members, two tenant representatives, two owner representativesand five
public members, with one of the public members appointed by the state housing commissioner to serve as chairperson. The board sets annual rates of rent adjustment for rent stabilized housing accommodations in suburban Westchester County. The
WRGB holds evening meetings and hearings approximately eight or nine times each year, with six of
those events occurring during the month of June.

“I view my responsibilities as a Public Member of the board very seriously, having previously served as
its General Counsel for many years,” said Rosenblatt. “After 13 years of advising board members on
legal issues, I have a deep background in what the board does and how it fulfills its mission. I am
honored to be able to take a more active role in serving the people of Westchester County.”

Rosenblatt joined Rosenberg & Estis, P.C. in 2014 as Of Counsel in the firmʼs Administrative
Group.Widely regarded as an expert in landlord/tenant and rent regulatory law, he was appointed in
2004 by Gov. George Pataki as Deputy Counsel for the New York State Division of Housing and
Community Renewal, where, as Assistant Commissioner, he served as Counsel to the stateʼs Office of
Rent Administration. Rosenblatt also served as Bureau Chief of the Rent Control Bureau and as
General Counsel to the Westchester County Rent Guidelines Board.

Immediately prior to his appointment as Assistant Commissioner at the DHCRʼs Office of Rent
Administration, he served with the agencyʼs Office of Legal Affairs, representing the Commissioner in
Article 78 proceedings in the New York State Supreme Court, and before that, was of counsel to two
major landlord/tenant law firms in Manhattan. This followed a five-year tenure as Deputy Counsel to the
Rent Stabilization Association of NYC Inc., where Rosenblatt counseled RSA members on rent
regulatory law compliance and related issues.

Rosenblatt went directly to RSA [Note: Not true.] following his initial tenure at DHCR, from 1987 to 1992, when he served
as a senior attorney in the agencyʼs Enforcement Bureau.

He began his legal career as a trial attorney with the New York City Legal Aid Society, and has been an administrative law judge with both the NYS Public Employment Relations Board and the NYS Department of Labor.

Rosenblatt holds a J.D. from New York Law School and a B.A. in psychology from Pennsylvania State
University. He is a member of the New York State Bar Association.

About Rosenberg & Estis, P.C.

In 1975, Gary Rosenberg founded the law firm that would later become Rosenberg & Estis, P.C., a firm
that provides expert legal services to the New York real estate community. During the past 40 years, the
firm has expanded from a small two-attorney office into a legal powerhouse with more than 70 attorneys
and it continues to grow. Rosenberg & Estis represents clients in all aspects of real estate development,
transactions, financing, litigation, rent regulation and governmental affairs.

From: Susan A.

Attn: FOIL - Manhattan DA
Fax: (212) 335-4390
Mail: Special Litigation Bureau, New York County District Attorney’s Office
One Hogan Place, New York, NY 10013

http://manhattanda.org/contact-us

To Whom It May Concern at the Manhattan DA:

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

Seeking a certified copy of the entire file pertaining to a complaint I filed with Special Prosecutions in person at the NY County DA's Office in either 1992 or 1993 against NYS DHCR Harassment Attorney Michael B. Rosenblatt.

This file should include an intake form and information about what Michael B. Rosenblatt said in response to my complaint to a paralegal from the DA's office who phoned him. The paralegal's name may have been Kim, who was reluctant to take the complaint because at that time Rosenblatt was working with the DA's office prosecuting landlords as part of his job at NYS DHCR; however, she finally took my complaint and said she obtained permission from her supervisor to phone Rosemblatt -- who lied in response to my complaint.

Unfortunately, Kim the paralegal did not then seek documentation from DHCR or Rosenblatt to verify his answer. Had she done so, she would have discovered Rosenblatt had lied to her. I did not know then, as I believe I do know now, that what Rosenblatt was doing is called Obstruction of Justice in Racketeering.

FYI, Rosenblatt soon thereafter left NYS DHCR and worked in the private sector according to some information I found online. According to information I read online, he then returned to NYS DHCR in an even higher position, eventually moving up to the top legal position at that state agency. He recently left / retired from NYS DHCR, and he is now employed by: a Manhattan law firm, which is the same one that falsely filed a bogus housing court petition against me and my now deceased roommate, and I now believe Rosenblatt was colluding with that law firm and the law firm owner who eventually showed up in housing court ("Warren E.") at that time.

In addition, I read Rosenblatt was recently recommended by the Republicans of Westchester County to serve on a local housing board or council of some sort, allegedly representing the public, which Rosenblatt should not be doing, in my opinion -- based on his past corruption and lie to the DA in response to my true and legitimate complaint to the DA.

I do not know if your office will still have a record of my complaint, but I did file this complaint, and action was taken on my complaint, as explained above.

The requested documents 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: New York County District Attorney - Special Prosecutions

An acknowledgement letter, stating the request is being processed.

From: Susan A.

Dear Asst DA Lauren Angelo,

Thank you for this letter. I will wait to hear again from you re the request.

Sincerely,
Susan Alyn

From: New York County District Attorney - Special Prosecutions

An interim response, stating the request is being processed.

From: New York County District Attorney - Special Prosecutions

A no responsive documents response.

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.

To the NY DA Office:

I received your reply.
Based on your response, I do not see any grounds to appeal since you state your system only holds documents beginning in 1998.

Thank you anyway.

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