Posted by Roy on February 01, 1999 at 18:30:40:
I received some advice on this problem earlier (I never got a copy of my DHCR decision, which was reached unusually quickly, and now it's way past the 35-day period after the decision was reached). I was advised to:
a) check the case file and look for some kind of notations/verification that would establish whether the decision was mailed out, and whether the LL's answer was mailed to me, etc.;
b) that there is a minimum processing time required, and that if the decision took less time, that's a good sign that something is wrong;
c) check whether DHCR sent LL a letter giving opportunity to show that overcharge was not willfull;
I looked at the case file, and saw that:
-the "date issued" listed on the notice of complaint which was sent to LL was about two and a half weeks after the date when the complaint was filed;
-LL's signature date on his answer is three days after the "date issued" listed on notice of complaint;
-LL's answer is stamped received by DHCR four days after LL's signature date on his answer;
-the DHCR order (finding an overcharge but not addressing treble damages at all!) was listed as issued just about five months after answer from LL was stamped received by DHCR;
I did not see any special notations suggesting that either a copy of LL's answer or a copy of the order was sent to me. There was also no letter to LL giving him opportunity to show that overcharge was not willful. Is it possible that the kinds of notations I should be looking for would be on the backs of the documents? (I asked for DHCR to let me come and look at the complaint file in person, but instead they sent me copies of the file, and the copies obviously do not show any notations that would be on reverse of documents.) The only notations I could see on the papers were stamps showing dates docs were received, and dates of issue, and no other mailing notations.
Any comments by anyone familiar with this sort of thing would be appreciated!
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