N.Y. Comp. Codes R. & Regs. tit. 9 § 2650.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2650.7 - Denial of access to records

(a) Denial of access to records maintained by the division's Office of Rent Administration shall be in writing, stating the reason therefor and advising the requestor of the right to appeal to: Records Appeals Officer, Division of Housing and Community Renewal, Office of Rent Administration, Gertz Plaza, 92- 31 Union Hall Street, Jamaica, NY 11433

(b) Denial of access to all other records maintained by the Division shall be in writing, stating the reason therefore and advising the requestor of the right to appeal to:

Records Appeals Officer

Office of the General Counsel

Division of Housing and Community Renewal

641 Lexington Avenue

New York, New York 10022

Miscellaneous Provisions

(c) When the records access officer has denied a request for records in whole or in part, the requestor may, within 30 days of the date of such denial, appeal the denial to the records appeals officer.

(d) The division's failure to comply with the time limitations provided in section 2650.5 of this Part shall constitute a denial of access to records that may be appealed.

(e) The records appeals officer will forward to the Committee on Open Government copies of all appeals upon receipt.

(f) The records appeals officer will determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing.

(g) The decision by the records appeals officer will constitute a final determination of the division, with respect to the request for records and a copy will be sent to the Committee on Open Government.

(h) A proceeding to review an adverse determination on appeal may be commenced, pursuant to article 78 of the Civil Practice Laws and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2650.7

Amended New York State Register October 30, 2019/Volume XLI, Issue 44, eff. 10/9/2019

Amended New York State Register February 19, 2020/Volume XLII, Issue 07, eff. 2/19/2020