FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Vincent J. Lombardo,

 

                        Complainant

 

            against              Docket #FIC 93-5

 

Newington Housing Authority,

 

                        Respondent                  August 11, 1993

 

            The above-captioned matter was heard as a contested case on May 17, 1993, at which time the complainant and the respondent appeared 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 letter of complaint dated January 3, 1993 and filed with the Commission on January 5, 1993, the complainant alleged that the respondent failed to provide him with specified information regarding tenants in three of the respondent's public housing complexes.

 

            3.  Specifically, the complainant alleged that the respondent had failed to provide him with the names of the tenants in the Keleher Park, Cedar Village and New Meadow Village complexes, along with each tenant's annual income and monthly rental amount.

 

            4.  The complainant concedes that by letter dated January 5, 1993, the respondent provided him with a list of the income limits for the tenants in each of the three complexes, the annual income for all of the tenants, and the monthly rental collection for each of the units in the three complexes, current through December 30, 1992.

 

            5.  At the hearing on this matter, the respondent provided the complainant with a tenant list for each of the three complexes, effective through December 30, 1992.

 

Docket #FIC 93-5                               Page 2

 

            6.    The respondent maintains that disclosure of tenant names with each tenant's rental payment and income information would be a breach of the tenant's confidentiality.

 

            7.  Specifically, the respondent cites ID2b(3) of its 1986 "Local Housing Authority Organization and Procedures" as the authority for withholding the information at issue.

 

            8.  Section ID2b(3) of the respondent's housing gudelines states that the following records are exempt from the provisions of the Freedom of Information ("FOI") Act, "...[p]ersonnel or medical files which would be an invasion of personal privacy....[t]his includes tenant files and applications."

 

            9.  However, 1-19(a), G.S., provides in relevant part that:

 

            [e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency...shall be public records and every person shall have the right to inspect such records promptly...or to receive a copy of such records.... (Emphasis added.)

 

            10.  It is found that any assurance or promise of confidentiality given by the respondent neither provides an exemption to disclosure of the records at issue, nor establishes, in itself, the reasonableness of an expectation of privacy.

 

            11.  It is also found that the respondent failed to allege or assert the privacy concerns of the tenants involved.

 

            12.  It is further found that the respondent's local housing authority guidelines which expressly contain an exemption for "tenant files and applications" does not supersede the FOI Act which contains no such category of exemption.

 

            13.  It is therefore concluded that the records at issue are public records within the meaning of 1-18a(d), G.S., which the respondent failed to prove are exempt from public disclosure under either 1-19(a) or 1-19(b), G.S.

 

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

 

Docket #FIC 93-5                               Page 3

 

            1.  The respondent shall forthwith provide the complainant with a copy of the record listing each tenant and his or her  monthly rental fee.

 

            2.  The Commission orders the disclosure of the tenants' names with their annual income figures.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 11, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 93-5                               Page 4

 

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:

Vincent Lombardo

27 Highland Street

Newington, CT 06111

 

Newington Housing Authority

c/o Atty. Alan F. Budney

1150 Main Street

Newington, CT 06111

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission