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Posted by brenda on April 07, 2001 at 02:43:11:

In Reply to: corrected version: Re: ask for DHCR's RN-7 form -- ignore other post please posted by nyhawk on April 06, 2001 at 20:14:49:

: ask for a copy of DHCR's RN-7 form, which is the rent administrator's progress notes. that will confirm that a copy of the landlord's response had never been sent to you. your request for reconsideration should be based on "irregularity in a vital matter" if unsuccessful, bring an article 78 proceeding -- but PLEASE do it with the help of a lawyer who should be able to get the matter remanded AND attorney's fees for DHCR's routine violation of tenant's rights of rarely sending owner's responses and an adequate opportunity to respond. there is a DHCR memo that I have which states that RN-7's should be given to folks who explain a need for it. perhaps TenantNet can make it available to the board. let me know if it should be posted and I'll fax it to TenantNnet. good luck

That is excellent, excellent advice. Will do. Thanks.
Article 78, though? Nah. There is not that much at stake. If it is denied I will appeal via PAR. I believe the Article 78 follows the PAR, not the request to reconsider, and I dont want to waive my PAR.
I did indeed state "irregularity in a vital matter." But I doubt that it will be granted.
One question--you say that the DHCR rarely sends owner responses. Is that true? Frightening. It has not been my experience but it is a gross violation of due process.

Follow Ups:

• the time to file a PAR has nothing to do with a Request for Reconsideration nyhawk 04/07/01 (0)

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Comments:
: : ask for a copy of DHCR's RN-7 form, which is the rent administrator's progress notes. that will confirm that a copy of the landlord's response had never been sent to you. your request for reconsideration should be based on "irregularity in a vital matter" if unsuccessful, bring an article 78 proceeding -- but PLEASE do it with the help of a lawyer who should be able to get the matter remanded AND attorney's fees for DHCR's routine violation of tenant's rights of rarely sending owner's responses and an adequate opportunity to respond. there is a DHCR memo that I have which states that RN-7's should be given to folks who explain a need for it. perhaps TenantNet can make it available to the board. let me know if it should be posted and I'll fax it to TenantNnet. good luck

: That is excellent, excellent advice. Will do. Thanks.
: Article 78, though? Nah. There is not that much at stake. If it is denied I will appeal via PAR. I believe the Article 78 follows the PAR, not the request to reconsider, and I dont want to waive my PAR.
: I did indeed state "irregularity in a vital matter." But I doubt that it will be granted. 
: One question--you say that the DHCR rarely sends owner responses. Is that true? Frightening. It has not been my experience but it is a gross violation of due process.


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