Possible to speed up DHCR proceeding?

[slimmccoy]

Has anyone had success speeding up DHCR proceedings? I filed an RA-89 almost three years ago and it's still in "initial processing"

[TenantNet]

Over the years, DHCR proceedings have been intentionally slowed by DHCR itself and various governors, often by reduced staffing or funding.

You also should consider if you want a proceeding sped up. There are time when having a case just sit there may be a good thing.

So in general no, but I've seen both landlords and tenants (and even elected officials) write the agency asking for attention to the case. If it does any good, I haven't seen it.

But .... early on (around 1984 or so), DHCR issued and opinion that said while they are supposed to decide cases within 90 days, that just wasn't possible to do. So they said that even if they wait forever, parties would still be able to appeal any decision when it came. I think they meant PAR decisions. They basically waived their right to object. All this is from memory; I haven't gone back and looked at the old opinions.

Another thing that's possible is for a party to file an Article 78 proceeding in Supreme Court on the basis of mandamus, i.e., to force the agency to make a decision, any decision. In my experience, the agency usually relents and agrees to make a decision, usually in 90 days. That would officially move the case up the ladder. You don't have to have an attorney for an A78 Mandamus; but it gets done quicker if you do have one (but with expense to you).

BTW, don't feel bad, three years is common for DHCR. I've seen cases drag on for much longer.

[slimmccoy]

Thanks for your quick response!

I'll look into the Article 78 proceeding. The reason I want the DHCR case to speed up is because I'm also in arrears, which I'll soon be made to pay back. That is, unless DHCR rules in the meantime.

Do I have any alternatives other than Article 78?

[TenantNet]

If the LL takes you to court on the arrears (i.e., a non-payment), one defense you can assert is that there's an active DHCR proceeding on this exact issue and the court case should be stayed pending a decision from DHCR. If you think you're paying an illegal rent, that should be part of the answer you would file in court (in addition to repairs and other defenses or counterclaims).

A Mandamus is like any other case, and if you get a lawyer, that will cost you legal fees and court filing fees. Consider if that's your best course given your situation.

You can always just write DHCR a letter, but no one knows if that will speed things up or not.

[slimmccoy]

Would staying the housing court decision until DHCR rules lead to a choice of forum issue that negates the other defenses or counterclaims to nonpayment? If so, are there any ways to avoid/appeal/defend that?

[slimmccoy]

I apologize if this is a silly question, but to whom would you write a letter at DHCR? Would it just be sent to the below and addressed to whomever it may concern?

Gertz Plaza Building, 92-31 Union Hall Street
Jamaica, NY 11443

Thank you

[TenantNet]

Yes, silly question. I would send it to the Deputy Commissioner, Office of Rent Administration
And just Gertz Plaza (don't say Building)

[slimmccoy]

In case it helps others, I did have success sending sending a letter along with court paperwork to the DHCR, and the case status has updated to Actively Being Processed.

Does anyone have experience with how long it takes to progress from this stage to Final Review, and from that to Order Issued?

Thank you!