FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Helen Gardner and The Prudential Connecticut Realty,

Complainants

against Docket #FIC 92-58

Executive Director, Hartford Public Housing Authority,

Respondent February 10, 1993

The above-captioned matter was heard as a contested case on August 13, 1992, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letters of request dated February 10, 1992, the complainant requested copies of "a mailing list (names and addresses) of [Connecticut public housing] tenants residing in: Bellevue Square, Bowles Park, Charter Oak Terrace, Dutch Point, Nelton Court, Rice Heights, Stowe Village, and Westbrook Village."

3. By letter of complaint filed with the Commission on February 10, 1992, the complainants alleged that the respondent failed to comply with their records request.

4. It is found that the United States Department of Housing and Urban Development (hereinafter "HUD"), governs the respondent. Specifically, HUD regulations dictate the respondent's established policy and procedure regarding disclosure of personal and financial information provided by public housing tenants.

5. It is found that the information that the complainants are seeking is maintained as part of each tenant's "Application for Continued Occupancy" form, (hereinafter "tenant form").

Docket #FIC 92-58 Page 2

6. It is found that the tenant form is required by the respondent and HUD so that they can monitor and manage HUD-assisted public housing programs, and verify the personal and financial information provided by public housing tenants.

7. Section 913.109 of the Code of Federal Regulations, Chapter IX (4-1-89 Edition), states in relevant part that:

(b) ... As a condition of admission to, or continued occupancy of, any assisted unit under the Public Housing or Indian Housing Program, the [Public Housing Authority ("PHA")] shall require the Family head and other such Family members ... to furnish or release to the PHA and to HUD such information as the PHA or HUD determines to be necessary.... Information or documentation shall be determined to be necessary if it is required for purposes of determining or auditing a Family's eligibility to receive housing assistance, ... [or] for verifying related information, ....The use of disclosure of information obtained from a Family or from another source shall be limited to purposes directly connected with administration of this part or applying for assistance.

8. It is found that although the tenant forms are public records within the meaning of 1-18a(d), G.S., the tenant forms are, however, exempt from public disclosure under 1-19(a), G.S., by operation of 24 C.F.R. Ch. IX, 913.109.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of February 10, 1993.

Mitchell W. Pearlman

Acting Clerk of the Commission

Docket #FIC 92-58 Page 3

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Helen Gardner and The Prudential Connecticut Realty

c/o Atty. John D. Sable

48 Huckleberry Hill Road

Wilton, CT 06897

Executive Director, Hartford Public Housing Authority

c/o Atty. Raul A. Rodriquez

Arnold & Associates

80 Cedar Street

Hartford, CT 06106

Mitchell W. Pearlman

Acting Clerk of the Commission