Posted by Hawk on February 03, 1999 at 00:52:48:
In Reply to: Never received DHCR decision - Part 2 posted by Roy on February 01, 1999 at 18:30:40:
You should not rely on DHCR to merely send you a copy of the file. You SHOULD go see it yourself (ans you can ask for copies of docs on the spot). It is your right to see your file. Also, make sure to ask to see the "Progress Notes," which is the hand-written notations by whoever works on the file. DHCR has a secret policy that when someone asks to see their file the Progress Notes are secretly removed from the file and the person is (incorrectly) told that they are being provided with access to the complete file. Incredible as it sounds, this is reality. You must ask, demand, insist -- to see and obtain a copy of the "Progress Notes." Oftentimes, those notes contain invaluable info -- such as when docs were mailed to ll or tenant.
Despite the 35-day appeal rule, you have good grounds to appeal (so file a PAR) because of the due process violation in that you were never provided with a copy of the owner's answer and an opportunity to respond to it. In DHCR termonolgy this is known as "an irregularity in a vital matter." Use that phrase in your PAR.
Good luck, keep us informed!
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