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Posted by TenantNet on May 29, 1999 at 06:51:55:

In Reply to: Re: Where are unpublished decisions? good question! posted by Mark Smith on May 28, 1999 at 20:04:43:

: I believe that two sources for unpublished (and published) decisions are Housing Court Reporter (HCR), which is sometimes cited in housing court decisions, and Brownstone Publications' two monthly newsletters, where landlord lawyers often submit court and DHCR decisions in which they were involved.

Brownstone gets many of its decisions directly from DHCR, potentially an illegal situation as DHCR refuses to make these decisions available to the public. That is one reason why we shamed DHCR into releaseing the CD-Rom of 6,000 decisions from 1990-94 (available on TenantNet) while Cuomo could still be shamed. Since then they claim they can't find their own decisions (really, they said that answering a FOIL request) while still giving info to Brownstone.

In 1995, we got a law passed in Albany amending the State Administrative Procedure Law directing DHCR (and all state agencies) to maintain an index of all decisions, determinations and orders. Pataki signed it. Within a short time then AG Vacco issued an opinion that DHCR could avoid the requirement.

It seems to us that access to administrative case law history is a due process right and it's being abridged. It's simply a matter of time and resources why we haven't gone after them further.

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: : I believe that two sources for unpublished (and published) decisions are Housing Court Reporter (HCR), which is sometimes cited in housing court decisions, and Brownstone Publications' two monthly newsletters, where landlord lawyers often submit court and DHCR decisions in which they were involved.

: Brownstone gets many of its decisions directly from DHCR, potentially an illegal situation as DHCR refuses to make these decisions available to the public. That is one reason why we shamed DHCR into releaseing the CD-Rom of 6,000 decisions from 1990-94 (available on TenantNet) while Cuomo could still be shamed. Since then they claim they can't find their own decisions (really, they said that answering a FOIL request) while still giving info to Brownstone.

: In 1995, we got a law passed in Albany amending the State Administrative Procedure Law directing DHCR (and all state agencies) to maintain an index of all decisions, determinations and orders. Pataki signed it. Within a short time then AG Vacco issued an opinion that DHCR could avoid the requirement.

: It seems to us that access to administrative case law history is a due process right and it's being abridged. It's simply a matter of time and resources why we haven't gone after them further.


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