N.Y. Comp. Codes R. & Regs. tit. 9 § 2050.1

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

Section 2050.1 - Official documents and certification thereof

(a) All official files, documents, reports, memoranda and other written material whether in the principal or the local offices of rent administration shall be considered to be in the exclusive control and custody of the Commissioner of Housing and Community Renewal for the purpose of administering and effectuating the policies of the New York State Emergency Housing Rent Control Law. All papers, filed on or after May 1, 1950, with the principal or the local offices of rent administration, and files and records of the Office of the Housing Expediter transferred to and in the custody of the State Rent Administrator prior to July 1, 1964 and transferred to and in the custody of the Commissioner of Housing and Community Renewal on and after July 1, 1964, shall be deemed confidential, unless the Commissioner of Housing and Community Renewal determines that the withholding thereof is contrary to the public interest. Officers or employees of the Office of Rent Administration of the Division of Housing and Community Renewal shall permit the inspection, examination, disclosure or use of such material only to the extent required or authorized in accordance with the provisions of this order.

(b) A landlord or a tenant who has a legitimate need therefor may, in writing, request a certified copy of a registration statement, or of an order affecting the maximum rent. This certification may also be issued pursuant to a subpoena served upon the local rent administrator. Such request or subpoena shall be directed to the local rent administrator having custody of such documents.

(c) Should an employee of the Office of Rent Administration of the Division of Housing and Community Renewal appear in court pursuant to a subpoena calling for the production of the official files and records, he may produce only certified copies of the registration statement and orders affecting the maximum rent or services and equipment of the housing accommodations. He shall not testify as to the legal effect thereof. He shall respectfully decline to make any other disclosure or produce any other official files, documents, reports, memoranda, or other papers or copies thereof, on the ground that such disclosure is prohibited by this order unless otherwise explicitly authorized by the Commissioner of Housing and Community Renewal.

(d) A certification issued by the local rent administrator shall be in the following form:

(1) Documents filed prior to May 1, 1950.

hereby certify that the attached document is a true copy of a registration statement, or of an order, which was in the records of the Office of the Housing Expediter, now in the custody of the Commissioner of Housing and Community Renewal pursuant to chapter 250 of the Laws of 1950, as last amended, and chapter 244 of the Laws of 1964.

(2) Documents filed on or subsequent to May 1, 1950.

I hereby certify that the attached document is a true copy of a registration statement, or of an order, filed with this office, of which I have the legal custody. The acceptance of a registration statement, and the certification thereof, does not mean that this office certifies to the correctness of the various statements made therein.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2050.1