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

Mario M. Cuomo, Governor
Donald M. Halperin, Commissioner
Joseph A. D'Agosta, Deputy Commissioner for Rent Administration


< OPERATIONAL BULLETIN 93-1 >

(REPLACES OPERATIONAL BULLETIN NO. 84-3 AND THE 1986 REVISION
THERETO) FEBRUARY, 1993

PROCEDURES FOR THE IMPLEMENTATION OF THE FREEDOM
OF INFORMATION LAW (FOIL) AND PROCEDURES FOR
RESPONDING TO SUBPOENAS DUCES TECUM FOR FILES AND RECORDS


A. FOIL

1.   Location of Records

     a)   Harassment proceedings

     Persons seeking access to records of the Office of Rent
     Administration ("ORA") which relate to harassment
     proceedings applicable to rent regulated housing
     accommodations located throughout New York State are
     directed to apply to the Records Access Officer, Division of
     Housing and Community Renewal ("DHCR"), 156 William Street,
     9th Floor, New York, New York 10038.

     b)   For all other proceedings

     Persons seeking access to ORA records which are applicable
     to rent regulated housing accommodations located in New York
     City are directed to apply to the Records Access Officer,
     Division of Housing and Community Renewal, Gertz Plaza, 92-
     31 Union Hall Street, Jamaica, New York 11433.

Persons seeking access to ORA records which are applicable to
rent regulated housing accommodations located outside New York
City are directed to apply to the appropriate Records Access
Officer. Division of Housing and Community Renewal:

Westch./Rockland Dist. Rent Ofc.
55 Church Street, 3rd Floor
White Plains. New York 10601

Nassau District Rent Office
50 Clinton Street, 6th Floor
Hempstead, New York 11550

Erie District Rent Office
295 Main Street, Rm. 438
Buffalo, New York 14203

Albany District Rent Office
119 Washington Avenue
Albany, New York 12240-2204

2.   Applications for ORA Records:

Requesters are particularly encouraged to use ORA forms provided
for this  purpose, which are designed to facilitate retrieval of
such records. However, a  letter request, directed to the
appropriate records access officer, reasonably  describing the
record or records sought, will be accepted.

A requester should supply information regarding dates, docket
numbers or other  information that may help to describe the
records sought. Where the records  requested contain personal
information collected by ORA, appropriate identification  and/or
proof of authorization will be required. Where records are
requested by a  person not a party to the proceeding, the records
will be provided after personal  information has been redacted.
Where the records do not contain personal  information collected
by ORA, proof of identity and/or authorization will not be
required.

3.   Acknowledgment:

The Records Access Officer will acknowledge the receipt of the
request in writing to  the requester within five (5) business
days. After the request has been  acknowledged, the Records
Access Officer will, by subsequent written decision,  either
provide access to the records, or deny access (in whole or in
part),  explaining the reasons for such denial, and advising the
requester of the right to  appeal to the Appeals Officer. If the
request has been granted. the Records  Access Officer will
provide access to the records within a reasonable time.

4.   Appeals:

If the request has been denied, the requester may appeal such
denial to the  designated Appeals Officer in writing within
thirty (30) days of issuance of the  written denial. The Appeals
Officer will determine an appeal of a denial of access  within
ten (10) business days of the receipt of the appeal. However,
notwithstanding that the ten-day period may have elapsed, the
Appeals Officer will  determine the appeal.
The Appeals Officer either will fully explain in writing to the
requester the reasons for  further denial, or grant access to the
records sought.

5.   Address for Appeals:

Appeals from denials of requests for access to ORA records should
be directed to  the FOIL Appeals Officer, Office of Rent
Administration, DHCR, Gertz Plaza, 92-31  Union Hall Street,
Jamaica, New York 11433

6.   Inspection of Records:

ORA records will be reviewed at the Office of Rent
Administration, 92-31 Union Hall  Street, Jamaica, New York
11433, unless another office of the DHCR is specified in  the
decision granting access.

7.   Fees:

If copies of the records are requested, the fee therefore shall
be $0.25 per page for  sizes up to 9 x 14 inches. The fee shall
be payable prior to delivery by the Records  Access Officer, who
will complete a DHCR receipt form, and give the requester a  copy
of the receipt.

Although cash will be accepted. payment of fees should be made by
money order, certified bank check, or attorney's check, payable
to the DHCR.

8.   Designation of Records Access Officers:

The Records Access Officers are: for Gertz Plaza: James Procopio;
for 156 William Street - Pamela Goldstein.

Outside of New York City, Records Access Officers are the
Directors of the respective District Rent Offices -
Westchester/Rockland (David Ayala); Nassau (Marcia Abramson);
Erie (Bonnie May); and Albany (Gwendolyn Mingo-Jones). If another
person is designated by ORA to replace any of the above-mentioned
individuals as Records Access Officer, the name of such person
will be available from the appropriate office. The functions of
the Records Access Officers may be delegated to their designated
subordinates.


B. SUBPOENAS FOR RECORDS

The following procedures relate to subpoenas for records
("subpoenas duces tecum"). For a discussion of procedures
regarding subpoenas to testify ("subpoenas ad testificandum"),
see Part C of this Bulletin.

1.   Subpoena Officers:

     The Records Access Officer for the Office of Rent
     Administration, Division of Housing and Community Renewal
     (DHCR), Gertz Plaza, 92-31 Union Hall Street, Jamaica, New
     York 11433, is also designated as the Subpoena Officer for
     ORA records relating to housing accommodations which are
     located within New York City. However, the Records Access
     Officer at ORA's 156 William Street Office is designated as
     the Subpoena Officer for ORA records relating to harassment
     proceedings applicable to housing accommodations which are
     located within New York City. For records relating to
     housing accommodations which are located outside of New York
     City, the Subpoena Officers are the same as the Records
     Access Officers, who are the Directors of the District Rent
     Offices (addresses listed in Point A.1.B, on page two of
     this Bulletin).

     The relevant personnel at the time of the promulgation of
     this Bulletin are listed in Point A.8 on page three of this
     Bulletin. If another person is appointed by ORA as Records
     Access Officer at a location listed in point A.8, such
     person shall also be designated as Subpoena Officer.

     The functions of the Subpoena Officers may be delegated to
     their designated subordinates.

2.   Necessary Information Needed:

     ORA will not respond to a subpoena unless it is a "judicial
     subpoena." It must be marked "So Ordered," and signed by a
     judge of the court issuing the subpoena. Subpoenas directed
     to ORA should contain the docket numbers of case files
     requested, the address of any premises involved, and the
     index number of the court case. This information will
     facilitate compliance with the subpoena

     The subpoena must be accompanied by a fee in the amount of
     $15.00, payable in cash, or by money order, certified bank
     check, or attorney's check, payable to the DHCR, unless the
     judge has ordered that the fee be waived. ORA will
     automatically waive the fee for all clients of affiliated
     offices of Legal Services of New York, the Civil Division of
     The Legal Aid Society of New York City, and for all clients
     of any other Legal Aid or Legal Services offices upon
     written request.

3.   Service:

     All judicial subpoenas requiring production of ORA records
     relating to housing accommodations which are located within
     New York City should be served at the Office of Rent
     Administration, Gertz Plaza, 9231 Union Hall Street,
     Jamaica, New York 11433. However, judicial subpoenas
     requiring production of ORA records relating to harassment
     proceedings should preferably be served at the Division of
     Housing and Community Renewal, Office of Rent
     Administration, 156 William Street, 9th Floor, New York, New
     York 10038 (although such subpoenas will also be accepted at
     Gertz Plaza).

     All judicial subpoenas requiring production of ORA records,
     including records of harassment proceedings, relating to
     housing accommodations which are located outside of New York
     City should be served at the appropriate District Rent
     Office as listed in Point A. 1.B on page two of this
     Bulletin. In the alternative, such subpoenas may also be
     served at Gertz Plaza, and for ORA records relating to
     harassment proceedings, at 156 William Street.

4.   Time of Service:

     Pursuant to section 2307 of the Civil Practice Law and
     Rules, all judicial subpoenas must be served at least 24
     hours before the return date thereof. Those which are not
     served within such time are invalid, and will be returned to
     the issuer. However, to assure that ORA is afforded
     sufficient opportunity to comply, it is recommended that
     subpoenas be served on more than 24 hours' notice before the
     return date thereof

5.   Notification of Need for Additional Time:

     If the Subpoena Officer does not have sufficient opportunity
     to comply with the subpoena, ORA will advise the court and
     the subpoenaing party of that fact, and request additional
     time to comply.

6.   Delivery of Records:

     The records will be delivered to the record room of the
     appropriate courthouse. Certified copies of the records will
     be delivered, if the subpoena so requests.

7.   Certifying Officer:

     For the purposes of certifying copies of original documents,
     the Subpoena Officers for ORA, or their designees, have been
     designated as "Certifying Officers," as have the other
     persons, successors, and designees described in Point A.8 on
     page three of this Bulletin.

8.   Certification of Questions:

     Information may also be obtained from DHCR through the use
     of certified questions.

     A judge in a pending case may (on his or her own motion or
     at the request of a party) certify a question, in writing.
     This inquiry should be directed to the Deputy Counsel for
     Rent Administration and mailed to Gertz Plaza

     Where the question relates to a pending DHCR proceeding, ORA
     will not be able to provide an answer, as this could
     prejudice the processing of the case,, and result in a
     premature ruling on the issues. Thus, the request would more
     appropriately be to expedite that proceeding in accordance
     with Policy Statement 914, which specifies that at the
     discretion of the Deputy Commissioner, proceedings may be
     expedited on a case-by-case basis for good cause shown, and
     with full consideration of the equities. Also, if the matter
     has been the subject of DHCR proceedings and is now on
     review by the Supreme Court under Article 78 of the Civil
     Practice Law and Rules, ORA does not have jurisdiction to
     entertain the question and will decline to do so.


C. SUBPOENAS TO TESTIFY

ORA will comply with properly served subpoenas to produce
documents (assuming that the production of such documents would
not be inappropriate). However, ORA cannot comply with subpoenas
which require agency officials to interpret agency orders or
policies, or to testify as to the lawful rent for a housing
accommodation. Such orders, as well as expressions of general
policy set forth in official documents such as Advisory Opinions,
Operational Bulletins, or Policy Statements are self-explanatory.
Expert testimony may not be compelled by subpoena, and compliance
with such subpoenas would be disruptive to ORA's daily functions.


Joseph A. D'Agosta
Deputy Commissioner for Rent Administration

--------------------------------------------------------------
DHCR Operational Bulletins are issued by the New York State
Division of Housing and Community Renewal (DHCR) and update
agency administration of the rent laws.

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 Policy Statements,
DHCR Advisory Opinions, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.

Every attempt has been made to conform to the original Operational
Bulletins 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
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------------------------------------------------------------

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
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