Posted by Roy on January 06, 1999 at 09:47:20:
In Reply to: Re: DHCR never send me copy of decision, not it's too late for normal appeal - what can I do? posted by Jerry on January 05, 1999 at 23:26:14:
: Thanks for your e-mail. I suggest you go back to DHCR and get a copy of the favorable decision. Then, you should make a request to review your complaint file. When you get access to your file, look to see if it has any notations or other verification that will show that the decision had been mailed to you. Also, look for the same type of proof to see if the landlord had been served with the decision. Finally, check to see if the landlord had filed an answer and if so whether thre is any proof in the file to establish that you had been mailed a copy of the answer. The failure to mail you with a copy of the answer and thus having deprived you with an opportunity to respond to the answer makes out a strong ground to reverse DHCR's decision, because of the due process implications. However, you have a time limit problem to overecome. You have 35 days to file a PAR.
: Also, ask the DHCR person who will sit with you while you review your file, to check DHCR's computer to determine if the landlord appealed the unfavorable decision, by filing a PAR.
: It does seem strange that your complaint was decided so quickly. But that fact alone does not mean that DHCR did anything improper. Look at your file for such information. After, you gather the above suggested information (assuming you can find any such information in your file) you will likely need to consult with a lawyer on how best to proceed.
: Or, if you don't want a lawyer, you can simply file a PAR (within 35 days of having first learned of the existence of the 1997 decision) and state unequivically in your PAR all the facts you told this forum about. Also, make sure your very cleraly state that you had never received a copy of the landlord's answer (DHCR is required to mail it to you) and that you had also never received the 1997 decision. A copy of the decision must be attached to the PAR. Make sure you explain when and how you obtained the copy of the decision you submit with the PAR.
: Good luck.
Thanks, Jerry. I'll definitely follow your advice and review the complaint file to see if there is anything indicating that they have sent me the decision notice or copy of the landlord's answer, because, as I said earlier, I received neither (because I received neither, however, I am inclined to believe that they were not sent out, regardless of what they say). Unfortunately, it is way past the 35-day period now, and I guess my options are limited ... as the DHCR counselor who informed me of this extremely quick decision said (when I called them on an unrelated matter), "There's nothing you can do now, unless you want to sue us." When I asked him if they get a lot of cases where people claim not to have received notices from them, he said "It happens"!!!!
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