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Posted by hawk on June 04, 1999 at 10:49:20:

in a may 29th message you wrote the following: Brownstone gets many of its decisions directly from DHCR, potentially an illegal situation as DHCR refuses to make these decisions available to the public. That is one reason why we shamed DHCR into releaseing the CD-Rom of 6,000 decisions from 1990-94 (available on TenantNet) while Cuomo could still be shamed. Since then they claim they can't find their own decisions (really, they said that answering a FOIL request) while still giving info to Brownstone.

In 1995, we got a law passed in Albany amending the State Administrative Procedure Law directing DHCR (and all state agencies) to maintain an index of all decisions, determinations and orders. Pataki signed it. Within a short time then AG Vacco issued an opinion that DHCR could avoid the requirement.

It seems to us that access to administrative case law history is a due process right and it's being abridged. It's simply a matter of time and resources why we haven't gone after them further.

RESPONSE: I'm very interested in following up on this and possibly suing to get the AG's opinion struck down. Please contact me with a copy of the opinion and cite the law you are referring to. thank you.

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