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Can LL find out about FOIL requests?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Can LL find out about FOIL requests?

Postby Clorox » Sat Jan 02, 2016 8:50 pm

I'm in the process of trying to find out whether my apartment was unlawfully deregulated. I'm not involved in any court/DHCR proceedings.

For various reasons, it will be helpful to me to FOIL both HPD and DHCR. Will my landlord be notified or be able to find out in any way (I already 311'd my registration history--I'm talking FOILing further documents)? What if I FOIL the entire file for my unit from DHCR?

I'm guessing they probably won't know anything unless I bring a proceeding/subpoena, but I just don't want to deal with any retaliatory nonsense that gets me blacklisted.

Thanks for any help.
I am not a lawyer and nothing I post is legal advice. Consult with a tenant attorney if you have legal questions.
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Re: Can LL find out about FOIL requests?

Postby TenantNet » Sat Jan 02, 2016 10:34 pm

I have seen at least one instance where the submitter of documents can be notified of the name of a person who has filed a FOIL request. I don't recall the details - it wasn't a LL/T case. I think it had something to do with inquiries into records of NYC Council persons of information held by the Campaign Finance Bureau -- it is written into that particular law.

Normally an agency like DHCR or HPD would not notify a LL on its own of such FOIL requests. But in theory one could FOIL the FOIL requests.

I believe the FOIL law has a provision where one can request that information not be released. Look at the entire FOIL law https://www.dos.ny.gov/coog/foil2.html
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Re: Can LL find out about FOIL requests?

Postby Clorox » Sun Jan 03, 2016 2:15 am

Yeah, from my experience/conversations it seems they'd have to be looking for it.

Gotcha, though, I can work with these. Thanks.
I am not a lawyer and nothing I post is legal advice. Consult with a tenant attorney if you have legal questions.
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