HPD Records and Docs from Past Years

[Super Apple]

How to obtain copies of HPD violations & complaints placed against apartment/building going back up to 5 years ago? Are these still in the records of HPD's system? [Oh dear, the dreadful incompetents at HPD].

Can one obtain records listings of violation/inspection dates and if/when such violations were certified (or self certified) as being corrected?

Also, can an owner have HD violations removed (marked as fixed) if there is no current HPD Building registration in effect? I thought I had read on HPD's website that violations CANNOT be removed if there is no valid registration in effect.
If violations WERE marked corrected and removed during an unregistered building period what is the remedy?

Thank you.

[Super Apple]

Anyone?


Especially, the part about removing violations from HPD's system without building having a valid HPD registration.

I suspect corruption (or gross 'negligence'). But I want to be clear on the statues and then I want to know what can be done to combat it.

Btw, HPD is currently litigating in HP Part of the Civil Court against this owner because of the huge amount of current violations on the building.

Thanks a bunch.

[Cranky Tenant]

Have you tried HPD Online? http://nyc.gov/hpd

[Super Apple]

CT,
HPD online only lists open violations for 1 year back.

I want a list of not only open violations going a few years back, but also violations that have since been closed/corrected during the past few years. Hypothetical example: violation that existed on record for 18 months from January 1, 2005 and was finally corrected on June 30, 2006. How to get a certified copy of such records?

[TenantNet]

Perhaps that means you have to physically visit HPD Code Enforcement (like the old days, eh)

[jkgal]

Hello,

OP you ask a VERY interesting question! As you saw, on the HPD website, the OPEN violations go back several years, but there's no mention of those violations which have been, and passed.

What about a FOIL request? That's the Freedom of Information Law. Isn't that HPD violation history public information? Here's a link to a sample FOIL request letter, within some other information about FOIL in New York. I've done one, and it was quite successful (with another city agency).

Here's the link: http://www.oms.nysed.gov/foil/

Good luck!

jkgal

[jkgal]

Hello,

Oh, and you can also ask for the regs regarding your other questions, as part of your FOIL request. Be prepared to pay $.25 per page for the docs, BTW.

Again, good luck!

jkgal

[jkgal]

Hello,

Oh, and another thing:

I just read this post by TN. Actually, it's really great. Here it is, from another post, about master rent rolls:

One thing I've done in a few instances, although not yet with DHCR, is to request FOIL for inspection of documents, not copying. The language I use in the FOIL request is "access for inspection and/or copying" just to make the request sufficiently broad. You then have to go to DHCR's office. In Manhattan that's at 25 Beaver St. You can ask to have the documents produced at your borough rent office.

I recently purchased a portable scanner that hooks up to a laptop by the USB port and is powered by the laptop, so as long as the battery lasts, you don't need AC power. The one I bought is the Visioneer Road Warrior, about $100, or less. Works like a charm and scans to PDF files.

With this method, I've gone into court and copied a number of court files. This way you can escape the $0.25 per page fee, and it pays for itself after a few such uses.

That's pretty brilliant!

jkgal

[TenantNet]

OK, here's the skinny and why FOIL might not be the way to go. I haven't done this for a while so things have probably changed.

In the old days ...

To get all the violations, you needed to go to HPD's Code Enforcement office at 39 Broadway (forget which floor and chances are they've moved). You had to ask for the building folder, essentially a catch-all with many duplicate copies, and which contained print-outs and handwritten violations. (and if you don't know, DHCR also has such a folder with all the RC cards).

With HPD, you would look through the folder and decide what documents you wanted, then give it to a bureaucrat who hasn't done anything in 20 years, wait a long time for it to be copied, and in some cases you would have to pay $5.00 per page for a certified copy. I don't recall if you could get non-certified copies for the normal FOIL price.

I imagine things have changed. Old violations seem to disappear.

Another way to get things if you have any RC units in your building is to FOIL the complete MBR folder from DHCR (if they still maintain it). When LLs seek RC increases they have to show the existing violations as of a certain date, and a copy of that print-out should be in the MBR folder.

Haven't done that either in a number of years so I'm rusty at it, but they way you find out these things is to call the bureaucrats at the agencies and bug them with questions. Some will be nasty and once in a while you might find a human being.

But do NOT get complacent with the internet. If you really want info, you need to pound the pavement.

[Super Apple]

Although I am not excited about the prospect of going in person to HPD to get the doc, I was assuming that I would need to do that. It has been a while but in years past I have made the journey to HPD, waited for the sluggish employees, and paid dearly for each certified page. But, I am curious if a database of older violations (and their trajectory through time) is maintained and what to ask for. HPD is one of the most incompetent government agencies I have ever dealt with and I was hoping there was some sort of sensible and systematic record keeping that I could request.

The FOIL is another option, and I've never had any personal experience with it nor do I know of anyone who has, but it sounds like a useful tool and I'll keep it in mind: but I sense I will need certified copies to submit as evidence in a housing court context and that may eliminate the FOIL docs usefulness.

Thanks again.

[jkgal]

Hello,

FYI, I did my FOIL request via USPS, and it was successful. Maybe try that (the sample FOIL request letter in the link I included in a previous post is super simple)..... Then, when you see what they provide, you can decide what pages, if any, you need to be 'certified'. Anyway, I just thought I'd mention that I did NOT do my FOIL request online.

Best of luck,

jkgal