New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 2657
Executive Department
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11 sections
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9 NYCRR 2657.1 - Purpose and scope
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)It is the responsibility and the intent of the division to fully comply with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.
(b)The division shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the division authorized by law.
(c)The division seeks to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.
(d)These regulations provide information regarding the procedures by which rights granted by the Personal Privacy Protection Law may be asserted.
(e)Personal information will be collected, whenever practicable, directly from the person to whom the information pertains.
9 NYCRR 2657.2 - Privacy compliance officer
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)The division's privacy compliance officer is responsible for ensuring compliance with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating the division's response to requests for records or amendments of records. All references herein to the privacy compliance officer shall include his or her designee.
(b)To contact the privacy compliance officer, write to: Privacy Compliance Officer, Division of Housing and Community Renewal, Human Resource Management Office, Hampton Plaza, 38-40 State Street, Albany, NY 12207, e-mail: [email protected]
(c)The privacy compliance officer is responsible for:
(1)assisting a data subject in identifying and requesting personal information, if necessary;
(2)describing the contents of systems of records, orally or in writing, in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;
(3)taking one of the following actions upon locating the record sought:
(i)make the record available for inspection, in a printed or electronic form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;
(ii)permit the data subject to copy the record; or
(iii)deny access to the record in whole or in part and explain in writing the reasons therefor;
(4)making a copy available upon request;
(5)certifying, upon request, that a copy of a record is a true copy; or
(6)certifying, upon request, that:
(i)the division does not have possession of the record sought;
(ii)the division cannot locate the record sought after having made a diligent search; or
(iii)the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier provided by the requestor without extraordinary search methods by the division.
9 NYCRR 2657.3 - Proof of identity
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)When a request is made in person, or when records are made available in person following a request by mail, the division may require appropriate identification, such as a driver's license, an identifier assigned to the requestor by the division, a photograph or similar information that confirms that the record sought pertains to the requestor.
(b)When a request is made by mail, the division may require verification of a signature or inclusion of an identifier generally known only by a data subject, or similar appropriate identification.
(c)Proof of identity shall not be required regarding a request for a record accessible to the public, pursuant to article 6 of the Public Officers Law.
9 NYCRR 2657.4 - Location
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)Records shall be made available for public inspection and copying, upon request and appointment, at the division office located in Albany, New York. Requests for information and records may be made to that office by writing to: Privacy Compliance Officer, Division of Housing and Community Renewal, Human Resource Management Office, Hampton Plaza, 38-40 State Street, Albany, NY 12207, e-mail: DPCOfficer @nysdhcr.gov
(b)Whenever practicable, records shall also be made available at the division office most convenient to a data subject. The privacy compliance officer may designate another location in which a requestor may review records.
9 NYCRR 2657.5 - Hours for public inspection and copying
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)Requests for public access to records shall be accepted and records produced during all hours the division is regularly open for business.
(b)Copies of records will be provided in accordance with section 2657.11 of this Part.
9 NYCRR 2657.6 - Requests for access to records
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)All requests shall be made in writing.
Requests may be submitted by electronic mail.
(b)Requests shall reasonably describe the record sought.
To the extent possible, the requestor shall supply identifying information that assists the division in locating the record sought. In the absence of such identification, the division may seek clarification from the requestor, in order for the request to be considered.
(c)Requests based upon categories of information described in a notice of a system of records or a privacy impact statement shall be deemed to reasonably describe the record sought.
(d)Within five business days of the receipt of a request, the privacy compliance officer shall provide access to the record, deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which shall not exceed 30 days from the date of the acknowledgment.
(e)The privacy compliance officer shall respond by electronic mail to requests submitted by such mail, to the extent practicable, unless a response in some other form is requested, and shall respond to all other written requests by electronic mail, if possible, upon request.
9 NYCRR 2657.7 - Amendment of records
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
Within 30 business days of a request from a data subject for correction or amendment of a record or personal information that is reasonably described and pertains to the data subject, the division shall:
(a)make the amendment or correction in whole or in part and inform the data subject that, on request, such correction or amendment will be provided to any person, entity 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; or
(b)inform the data subject in writing of its refusal to correct or amend the record, including the reasons therefor.
9 NYCRR 2657.8 - Denial of request for a record or amendment or correction of a record or personal information
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
Denial of a request for records or amendment or correction of a record or personal information shall:
(a)be in writing, explaining the reasons therefor; and
(b)identify the person to whom an appeal may be directed.
9 NYCRR 2657.9 - Appeal
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-48-19-00001-A · Adopted rule
- Related notice published
- Feb 19, 2020
- Related notice effective date
- Feb 19, 2020
(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 30 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, NY 10022.
(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.
9 NYCRR 2657.10 - Statement of disagreement by data subject
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:
(1)file with the division a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination;
(2)request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed, pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.
(b)Upon receipt of a statement of disagreement by a data subject, the division shall:
(1)clearly note any portions of the record that are disputed; and
(2)attach the data subject's statement as part of the record.
(c)When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the division may also include a concise statement of its reasons for not making the requested amendment or correction.
9 NYCRR 2657.11 - Fees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)No charge will be made to inspect a record, certify a record or to certify a denial of a request for a record and the reason therefor.
(b)A charge will be made of 25 cents per page for photocopying of pages that are not larger than 9 inches by 14 inches. There will be no charge for the first five pages.
(c)Charges for materials or services not in paper format shall be based on the actual cost to the division.
(d)Payments for copy charges or charges for other materials or services shall be made by check or money order payable to New York State Division of Housing and Community Renewal.
(e)The requestor shall be notified of the amount of the fee.
(f)Payment must be received by the division prior to obtaining copies of the responsive records.
(g)If payment is not received within 30 days of the notification issued pursuant to subdivision (e) of this section, the request for this information will be considered withdrawn.