N.Y. Comp. Codes R. & Regs. tit. 9 § 2657.9

Current through Register Vol. 46, No. 53, December 31, 2024

Section 2657.9 - Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information, pursuant to section 2657.8 of this Part may, within thirty business days of such denial, appeal to the:

Privacy Compliance Appeals Officer

Office of the General Counsel

Division of Housing and Community Renewal

641 Lexington Avenue

New York, New York 10022

Rent and Eviction Regulations - New York City

(b) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1) the date and location of a request for a record or amendment or correction of a record or personal information;

(2) the record that is the subject of the appeal; and

(3) the name and return address of the appellant.

(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeal shall:

(1) provide access to or correct or amend the record or personal information; or

(2) fully explain in writing the factual and statutory reasons for further denial and inform the requestor of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d) If, on appeal, a record or personal information is corrected or amended, the requestor shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e) The division shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part, the determination thereof and the reasons therefor at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2657.9

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