How to Obtain Documents, Access Records from DHCR
From time to time, you may need to ask the DHCR for certain information or documents. For example, you may be defending against a reduced services complaint and want to see the DHCR inspection report, or you may want a printout of all cases currently pending at the DHCR for a building you’ve just bought. Or you may want to obtain copies of all prior MCI orders that relate to your building to check the age of equipment being replaced. If so, you can get this information or documentation by filing a records access request with the DHCR.
The DHCR recently issued Operational Bulletin No. 2023-1, which covers procedures for records access, Freedom of Information Law (FOIL) requests, and subpoenas. It replaces Operational Bulletin No. 2016-2. This new bulletin contains updated information regarding electronic portals and addresses to be used for the submission and delivery of records. We’ll highlight these changes and go over how to make requests for records access.
Records Access and FOIL Requests
It’s important that you submit the right documents with your request for records access or FOIL requests. If you don’t, the DHCR will deny your request. You’ll then have to resubmit your request with the right documents, causing a delay in getting the information or documents you need.
Records access requests. The bulletin points out that the Office of Rent Administration (ORA) is the custodian of records for apartments subject to rent control and rent stabilization. These records include copies of orders; case files; rent control records such as MBR, fuel, and registration cards; and rent-stabilized rent registration filings.
In general, these records can be accessed by the owner of record, or its authorized representative, as of right. As a result, the bulletin points out it isn’t necessary for the requester to cite the FOIL statute when requesting records access.
However, for apartment rent histories, the DHCR allows owners to print certified registered apartment information reports at home or at the office without filing a records access request. The option to print the reports are for five years or all years. You can find this reporting feature or Registered Apartment Information (RAI) through the DHCR’s Annual Rent Registration Online (ARRO) system. Once you have submitted your registration, you will be able to access this report, located in “Forms & Reports.”
For information and documents beside rent history information, you may file a records access request by email to ORArecords@hcr.ny.gov. You may also download and fill out a copy of a DHCR form REC-1, “Request for Records Access.” The most recent form says Rec-1 (4/23) in the bottom left-hand corner. Or you can submit a letter that sufficiently details the records sought along with the appropriate documents to prove your identity and/or authorization to view the records. These can be sent to:
NYS Division of Housing and Community Renewal
Office of Rent Administration
Records Access Officer
Gertz Plaza
92-31 Union Hall St., 6th Fl.
Jamaica, NY 11433
FOIL requests. Unlike records access request, FOIL request procedures are conducted when the requester isn’t the subject tenant or owner, or its authorized representative. The request is required to be submitted to the Division of Housing and Community Renewal ORA FOIL Officer. The requester may submit a letter that describes in sufficient detail the records sought.
The request must be submitted via email to ORArecords@hcr.ny.gov or by the HCR portal at https://hcr.ny.gov/foil or by U.S. Mail to:
Division of Housing and Community Renewal
Office of Rent Administration
FOIL Officer
Gertz Plaza
92-31 Union Hall St., 6th Fl.
Jamaica, NY 11433
The DHCR ORA FOIL Officer will review and assign the request to the appropriate department within HCR for processing.
Acknowledgment of requests. The DHCR will acknowledge requests for records and FOIL requests in writing by email or postal mail within five business days. After the acknowledgment has been sent, a written decision will be issued within 20 business days that will grant access in whole or in part or deny access to the records. If additional time is required, the requester will be notified. The decision will also advise the requester of the right to appeal to the Appeals Officer.
Inspection of records. ORA records may be delivered electronically or by U.S. mail. They may also be reviewed or delivered at the Queens office at Gertz Plaza in Jamaica, or at another ORA office only if special circumstances require it and it is approved by the Records Access Officer.
When records can’t be transmitted electronically, fees for reproduction of standard size paper are 25 cents a page. And the fees must be paid by check or money order, payable to the DHCR.
Documents to Submit with Request
When filing a records access request, the documents you need to submit with your request vary depending on whether you’re the owner of the building or a representative of the owner, such as a managing agent or attorney.
Building owner. You must submit proof of ownership such as a copy of the deed, tax bill, or proof of a currently active ARRO account with your request. If the owner is a company/corporation, you must also attach documentation that identifies owning officers by name. This can be shown by HPD registration or relevant pages from the Articles of Incorporation.
Representative of building owner. You must submit proof of ownership and either:
- A statement signed by the owner authorizing you to request the information and/or documents on the owner’s behalf. You can ask the owner to sign a statement like this:
Dear Office of Rent Administration,
I, the undersigned, am the owner of the subject building. This letter authorizes [insert name of representative] to make a “Request for Records Access” on my behalf.
OWNER’S SIGNATURE: ____________________
or
- A power of attorney form. This is a legal document allowing you to act on the owner’s behalf for various matters.
Records in the Possession of the
DHCR’s Office of Rent Administration
- Applications, File Content, and Orders for:
o Major Capital Improvements
o Tax Abatements Modification of Services
o Termination of Electric Inclusion or Sub-Metering Hardship Service Reductions—Building-wide
o Service Reductions—Individual apartments
o Heat and/or Hot Water Services
o Rent Restorations
o Non-Compliance Harassment
o High-Rent High-Income Deregulation
o Decontrol for Rent Control Vacancy
o Rent Overcharge
o Fair Market Rent Appeal
o Administrative Determination
o Lease Renewal
o Lease Mediation Demolition
o NYC Rent Control Maximum Base Rent
o NYC Rent Control Fuel Cost Reports and Challenges
o NYC Rent Control Owner Individual Rent Increases
o NYS Rent Control 60 Day Notice of Rent Increase
o ETPA Senior Citizen and Disabled Rent Increase Exemptions—SCRIE/DRIE Building/Apartment Exemption
o NYC and NYS Rent Control Eviction
o Petitions for Administrative Review
- Historical Update and Tracking System
o Office of Rent Administration Case Tracking Data and Processing Data
o NYC Building Code Violation Data
o NYC Rent Rolls
o Building and Apartment Registration Data
o Office of Rent Administration Case Tracking Data and Processing Data, NYC Building Code Violation Data
o NYC Rent Rolls
o Building and Apartment Registration Data