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Tracking # |
D000239-071323 FOIL REQUEST D000239-071323 D000239-071323 |
Submitted | July 13, 2023 |
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Communications
From: Sam Mellins
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails between RuthAnne Visnauskas, Betsy Mallow, Diana Villarnovo Lopez, Thehbia Hiwot, or Cathleen McCadden Benjamin, and email addresses containing "@exec.ny.gov" between April 1 - April 21, 2023, or June 1 - June 8, 2023.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Sam Mellins
From: New York State Division of Homes and Community Renewal
Dear Sam Mellins:
This message confirms receipt of your request. Your request was received in this office on 7/13/2023 and given the reference number D000239-071323 for tracking purposes.
Records Requested: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails between RuthAnne Visnauskas, Betsy Mallow, Diana Villarnovo Lopez, Thehbia Hiwot, or Cathleen McCadden Benjamin, and email addresses containing "@exec.ny.gov" between April 1 - April 21, 2023, or June 1 - June 8, 2023.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Sam Mellins
Upload documents directly: https://www.muckrock.com/
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
NYS Homes and Community Renewal
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323. Dear Sam Mellins, This will serve as acknowledgement of receipt of your above referenced FOIL request received by the DHCR/HTFC FOIL Records Access Officer on July 14, 2023 for: "To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails between RuthAnne Visnauskas, Betsy Mallow, Diana Villarnovo Lopez, Thehbia Hiwot, or Cathleen McCadden Benjamin, and email addresses containing "@exec.ny.gov" between April 1 - April 21, 2023, or June 1 - June 8, 2023.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Sam Mellins
Upload documents directly: https://www.muckrock.com/ Pursuant to POL§ 89(3), the New York State Division of Housing and Community Renewal (“DHCR”) has twenty (20) business days to respond to your request. By the end of the next twenty (20) business days, we will either (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, or (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records. Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law. Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is September 11, 2023.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is October 10, 2023.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: Sam Mellins
This is an appeal of DHCR's determination on 9/11/23, regarding the above request. DHCR has constructively denied my request. The possible return date of 10/10/23 -- nearly three months after the request was filed – is unreasonable, given the narrow scope of the request.
Because of this appeal, DHCR is required by law to provide specific reasons within 10 business days explaining why this request cannot be filled, or else, must provide the records sought.
According to the Committee on Open Government, if a government entity acknowledges that a request has been received, but has failed to grant access by the specific date given beyond twenty business days, or if the specific date given is unreasonable, a request may be considered to have been constructively denied (see §89[4][a]). In such a circumstance, the denial may be appealed in accordance with §89(4)(a), which states in relevant part that:
“...any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefore designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought.”
I, on behalf of New York Focus, am requesting either you fill this FOIL request, or else provide a full explanation as to the reason for the denial, as required by law, of this public record.
Sincerely,
Sam Mellins
Senior Reporter, New York Focus
From: New York State Division of Homes and Community Renewal
Sam Mellins:
Please see the attached.
Sincerely,
[cid:image001.png@01D9F795.AE2CF530]
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
HCRFOIL@hcr.ny.gov<mailto:HCRFOIL@hcr.ny.gov>
hcr.ny.gov<http://www.nyshcr.org/>
Follow us on Twitter @NYSHCRonline
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image001
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 13, 2023. You had previously indicated that it would be completed on Oct. 10, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL REQUEST D000239-071323.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is November 08, 2023.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
To monitor the progress or update this request please log into the FOIL Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfBk8CE0rwaBh9PHRLgJeMAibw87ofYz1LbhBbjyskvld-2BbB0YTfm5-2BPFV8tThiyABhy7oX-2BwB2Pts5TGgpAV-2Bo-3DxgUG_nWOuHost-2BcUfPClYQwXP7tiQMVOn4fTQe8DLGHwRnJb6UWP-2BXwrtS5xfw8Ym9P5t8uFa6AMW-2FLXIjND3-2Bm2FCbfwJp1HQCLjOubJ3LkCgj-2FPB5VViO7TaQlqvjAHRtIKk-2BGLAYP6OE4AYPOg9J1mIz1BoXSU1Xgd8Qt8CExjCIdObMhQpp0wFy41Rn6D4tx298R0Z8PYog8qWWLDBKS7vDKOZ5FaZ9LQs4yeLI2fl3iPd2Wy13RpyC6s91cN8YCuLljSH6TOaBK8feBu-2FBWpKN3JZu6d6xEhk0JBXk03mQYAKNg4OaE-2BwOnU3aWZiGOfpwZGwcxuzzaPdTOJMK08NXGCfZyHyBoN5YUBXZc-2FZBDbhAiBJZ2JwnPwMdROFIT1)
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is December 08, 2023.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is February 02, 2024.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is March 15, 2024.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
This is regarding your above-referenced FOIL request. The New York State Division of Housing and Community Renewal (“DHCR”) is continuing to compile and review records which may be potentially responsive to the above-referenced FOIL request. However, please be advised that DHCR needs additional time to review our records and respond to your request. Pursuant to FOIL § 89(3), DHCR is extending the time to respond by an additional 20 business days to complete your FOIL request. By the end of this twenty-day period, we will (i) notify you that we have found no responsive documents, (ii) complete our review and produce responsive documents to you, OR (iii) provide an updated estimate of the time needed to review the collected documents for responsiveness and exemptions. The anticipated date of response is April 26, 2024.
At that time, if the documents are available in electronic format and do not require more than two hours of employee time to reproduce, we will e-mail them to you free of charge. If reproduction of records requires that you be charged for their reproduction, we will inform you of that cost before providing you with the records.
Please be advised that some of the requested information may not exist in the form specified by you. Moreover, some of the information may be exempt from disclosure under FOIL or the Personal Privacy Protection Law which are contained in Articles 6 and 6-A, respectively, of the New York Public Officers Law.
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
From: New York State Division of Homes and Community Renewal
--- Please respond above this line ---
KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
RE: DHCR/HTFC Records Request of July 13, 2023, Reference # D000239-071323.
Dear Sam Mellins,
New York State Division of Housing and Community Renewal (DHCR) submits the following response to your request dated July 13, 2023 for:
"To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails between RuthAnne Visnauskas, Betsy Mallow, Diana Villarnovo Lopez, Thehbia Hiwot, or Cathleen McCadden Benjamin, and email addresses containing "@exec.ny.gov" between April 1 - April 21, 2023, or June 1 - June 8, 2023.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Sam Mellins
Upload documents directly: https://www.muckrock.com/
Records responsive to your request are exempt from disclosure pursuant to Public Officers Law 87(2)(g) because they are intra-agency materials which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits. Additionally, the records were not "reasonably described." Therefore, your FOIL is denied.
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. Appeals must be made through this portal in writing and directed to the attention of the Appeals Officer.
This concludes your FOIL request. Your file is now closed.
Appeals via U.S. Mail should be sent to:
NYS Homes and Community Renewal
Counsel, Appeals Officer
641 Lexington Avenue
New York, NY 10022
Sincerely,
New York State Homes & Community Renewal
Division of Housing and Community Renewal
Housing Trust Fund Corporation
FOIL Records Access Officer
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