Landlord filed false rent history + FOIL request advice

[CityScape]

Hello All -

Thanks in advance for any help / guidance!
I have been in a battle with my landlord for several years now.

Rent Stabilized apartment.
Recently ordered my rent history and see they have been filing a false rent history for the last few years. (during a period I have been without a lease)

What are the best steps to take to correct this?
Is there a time limit on which it can be corrected?

Can someone advise me or point me in the right direction to find exactly the steps to file a FOIL request for J-51 records and from where/whom?
I want to know when exactly the building had J-51 benefits and when they expired?

Thanks!

[TenantNet]

There is a 4-year "lookback" limitation for overcharge claims. That is not a Satute of Limitations per se, but any evidence that is older than 4 years will not be considered. From what we've been told, there is no limit for apartment status. So if he's claiming the unit is not RS, then you can ask for a determination. You could also make a lease complaint, but in general without a proper lease, the legal rent should not going up. OTOH, consider that without a lease, you are still RS, but what they consider month-to-month. I would consider geting a few other opinions on if and which DHCR complaints to make (I just listed three). You really need a thought-out strategy on all three issues and decide what you want.

As for FOIL, every agency has to have a Records Access Officer or FOIL UNit that processes FOIL requests. State agencies with often have the ino on their website, city agencies not that often. But FOIL applies to both city and state. Recently DHCR automated its FOIL unit, which they claim is better, and actually is BS. You can use the Automated form, but I generally write emails to the unit. You have to find out which agency (DHCR or HPD) handles the J51 for your building. Dept of Finance would have records of the tax abatements. You can Google "NYC J-51 when expired" to get started.

On FOIL, go to the NYS Committee on Open Government on how to file FOIL requests. It can be complicated, or simple. Just remember they will only produce records that already exist, not create new records.

[Bigskunk911]

Facing a somehwat similar issue.

[Bigskunk911]

Word of advise, makes sure you tell the agency you are submitting a foil request to that you're the tenant so any relevant information is unredacted.

[TenantNet]

Doesn't work like that. The FOIL Law (Public Officer's Law) is open to any person, landlord of tenant, it makes no difference. Telling DHCR you're the tenant should not make any difference whatsoever.

What matters is what type of documents is sought, and if the requester is a party to a proceeding.

First, all PAR (AKA "Commissioner's Orders") documents are supposed to be absolutely public, without any redaction, just like court decisions. However DHCR ignores that. Any person can FOIL any PAR decision as long as you "reasonably describe" it.

With court decisions, in some cases, records can be sealed, i.e., if it involves juveniles, marital divorce or other sensitive information.

There is a provision that for cases being processed at the lower level (District Rent Office cases), DHCR can restrict that information to just parties and you usually have to prove you're a party by submitting an old lease or utility bill. In FOILing that info, you would be requesting the complete file of a case, not just a decision (as there is no decision yet if still processing).

With DHCR you can make the request online, with a form, by email, or by using just a letter. If you request documents in electronic form (use PDF), they have to give it to you in that form assuming it exists in that format, and they can't then charge the $0.25 per pages they could if it were for paper documents.

Even with all that, DHCR violates some of those provisions concerning documents where tenants are parties.

I usually just send a letter. But be aware that DHCR has now outsourced its FOIL processing (possible using AI) and in my view, people's right to information is being violated in various ways.

See https://hcr.ny.gov/foil

Also see https://hcr.ny.gov/system/files/documen ... llable.pdf
and note the difference in rules for a Copy of an Order v. Record Review.

You should also get to know the Committee on Open Government.
https://opengovernment.ny.gov/

[Bigskunk911]

My experience with FOIL is with HPD, they may require proof of residence to unredact information, even though I did submit info. My building has a regulatory agreement with HPD and during an DHCR overcharge case, the LL didn't give to DHCR, instead they gave them an older,less restrictive regulatory agreement. I am going to try to claim a fraud excpetion.

[TenantNet]

HPD is a different agency with different rules. DHCR restrictions on DRO documents are part of the law - up to a point. Or view is that PAR decisions are public documents and not resricted, yet they redact them anyway. Either way, if you are a party to the proceedings, then nothing should be withheld or redacted. Is that what is happening? For that I would contact the Committee on Open Government, and make sure you appeal the FOIL denial.

If you can show the LL submitted different documents to DHCR (than which had been accepted by HPD), then you would perhaps have a point.