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Possible to speed up DHCR proceeding?

NYC Housing Court Practice/Procedures

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Re: Possible to speed up DHCR proceeding?

Postby TenantNet » Sat Aug 03, 2024 9:50 am

On June 12 you said DHCR gave you specific information on your case. I asked you who said that, but you didn't reply. I'm still interested who at DHCR is giving you this info (I presume over the phone). If you're concerned, please reply using Private Mail.

At this stage, it appears your case is getting complicated. I'd say an active DHCR case should put the court case on hold. I've seen case law on that, but I've also seen cowboy Housing Court judges ignore the law. I'd suggest now to get some legal assistance from a tenant attorney. Holdovers can be tricky - easy to make a mistake.
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Sat Aug 03, 2024 4:45 pm

Sorry I missed you on that. It was just whomever answered the phone at DHCR, I don't have any information about who they were.

They didn't really have specific information other than I asked them if they received the additional info from both me and the LL. They said they had everything from me, didn't have the LL's yet who likely got an extension. When I asked about overall timeline they said "final stages of processing". I was guessing that meant 5-6 months based off the "understanding the status of your case" sheet, which quotes 2-6 months or more after receiving all the additional info.

It hasn't quite been 6 months based on the extension the LL got, but I'm concerned it's going to fall into the "or more" category.

The judge has already denied the request for a stay of use and occupancy until the DHCR rules. I do have legal assistance now, but most of this headache would be solved if the DHCR would just rule on this case. Since the court will not wait, is there any path to getting someone at DHCR to give a green light to an expedited proceeding?
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Thu Aug 08, 2024 11:26 am

Update to this, I called DHCR again and the rep can see when I sent in my additional information (months ago) but has no record of additional information being received from the landlord.

It seems the case is just sitting waiting for the landlord to send in additional information, and I can't imagine any extension granted to produce documents was several months long.

How should I proceed? Is anyone at the DHCR ever going to compel the landlord to actually produce documents, or can the landlord ignore their request indefinitely and keep this case in limbo?

Would a FOIL request be helpful in this scenario?
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Re: Possible to speed up DHCR proceeding?

Postby TenantNet » Thu Aug 08, 2024 10:04 pm

All you can do is wait. DHCR does what it wants, and when it wants. I've seen five years; I've also seen the make decisions prior to the deadline.

I've also seen them grant LLs multiple extensions of time to reply, and they deny the same to tenants.

You can FOIL documents, but that should not have an effect on their processing.

In the end, keep records. If they did something incorrect, that could be a basis for appeal.

You can also commence a mandamus case in Supreme Court to compel the agency to make a decision (did I mention that above?) You could do it on your own, but better if you have a lawyer. I can't say though if that will help or hurt your case.
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Mon Aug 19, 2024 1:14 pm

I see, I guess it must be a case of multiple extensions here.

Is a mandamus the same as article 78? I was looking into that but it seems like you can't file it until there is an order issued one way or the other.
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Re: Possible to speed up DHCR proceeding?

Postby TenantNet » Mon Aug 19, 2024 2:52 pm

AFAIK a Mandamus is a type of Article 78. Google "NYS CPLR Article 78." A Mandamus seeks to have a court order an agency to make a decision -- any decision -- as they've waited too long.

A regular A78 is an appeal of an administrative order, so then, yes, there must be a decision that was issued.
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Mon Aug 19, 2024 9:47 pm

Thank you for clearing that up! I thought they were on in the same. Sounds like a good avenue to try with a lawyer. Your last sentence in your previous post about being unsure whether it would help or hurt the case; are there instances where speeding them up via this route is bad, or do they just not like the Supreme Court getting involved? I'm curious what I'm missing as it seems like it would be a no brainer if someone could get them to make a decision already.
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Mon Oct 07, 2024 2:08 pm

Once an order is issued, what happens next? I'm assuming most landlords will challenge or appeal the decision. Is this as lengthy as the rest of the process has been, or it all starts to move quickly once the order is issued?
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Re: Possible to speed up DHCR proceeding?

Postby TenantNet » Mon Oct 07, 2024 2:56 pm

Are you at the Rent Administrator level, or are you waiting on a PAR decision (Petition for Administrative Review)? You post months apart and I can't go back and re-read everything again. What's the docket number for the case (send via Private Mail)?
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Tue Oct 08, 2024 1:50 pm

Sorry about that, unfortunately that's been the timeline of DHCR updates. Still at the Rent Administrator level. No order has been issued as of yet, but ORA has sent a final notice to the landlord. I didn't get a copy of that or notice of it, but got that info by calling DHCR. So it has not gotten to an order yet. I'm wondering what happens next? How long after these go out does it take to get to final order, and is a PAR from the landlord inevitable?
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Re: Possible to speed up DHCR proceeding?

Postby TenantNet » Tue Oct 08, 2024 3:24 pm

Once the rent administrator issues a decision (often called DRA or DRO), then you have 35 days to file a PAR decision. An A78 is a judicial appeal taken only after a PAR decision is issued, so you have a ways to go. These days DHCR often issues orders illegally, BEFORE the deadlines to submit more information, and often without tenants being able to get more information by FOIL - if you have made that request. You seem to want an order yesterday, but while each case is different, there are times when a longer wait might be advantageous to tenants.
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Re: Possible to speed up DHCR proceeding?

Postby slimmccoy » Mon Oct 14, 2024 2:18 pm

Got it, thank you for your help. An order yesterday would be nice, as the landlord is trying to get use and occupancy, which could be avoided if DHCR rules in my favor. If I'm understanding, a case moving too quickly comes at the expense of the DHCR rushing the decision and making an incorrect one, forcing the tenant to file a PAR?
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Re: Possible to speed up DHCR proceeding?

Postby TenantNet » Mon Oct 14, 2024 2:44 pm

I haven't gone back and read all the posts, but the only way an owner can get U&O is by a court order. In some cases a court might order paying rent into court, or to your attorney if you have one, who has a fiduciary obligation to keep the money safe and in a separate account. If you have been actually paying rent make sure the court knows that, that you can prove it and you are earmarking the payments. If there's a dispute over rent, the LL might want the higher amount, or an illegal amount, or a market rate amount.
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