FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Ann Hodgdon, Neighborhood
Legal Services, Inc.,
Complainant
against Docket
#FIC 95-304
Director, Windsor Public
Housing Authority,
Respondent July 10, 1996
The above-captioned matter was heard as a contested
case on February 21, 1996, at which time the complainant 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. It is
found that by letters dated June 27 and August 7, 1995, the complainant
requested that the respondent provide her with access to a copy of the
following records:
a. the
criteria for admission to the Millbrook and Shad Run public housing for the
elderly (hereinafter "complex" or "complexes");
b. the
names and the number of persons on the waiting list for each complex, the date
of each application, the size of each unit applied for and the race and color
of each applicant; and
c. the
name of each person living in each complex, the size of each unit, the number
of persons living in each unit, the race and color of each occupant and the
number of vacancies currently existing for each complex.
Docket #FIC 95-304 Page
2
3. Having
failed to receive access to a copy of the records as described in paragraph 2,
above, (hereinafter "requested records"), the complainant, by letter
of complaint dated August 30, 1995 and filed with the Commission on September
7, 1995, appealed to the Commission alleging that the respondent violated the
Freedom of Information ("FOI") Act by denying her access to records.
4. At the
hearing on this matter, the complainant withdrew the portion of the complaint,
as described in paragraph 2a., above, based on the respondent's representation
that the record requested had been previously mailed by the respondent to the
complainant and that if it had not been received the respondent would provide a
copy following the hearing.
5. With
respect to the requested records, as described in paragraph 2b. and 2c., above,
it is found that the respondent maintains tenant application records which
contain information responsive to such requests.
6. It is
found that the records, as described in paragraphs 4 and 5, above are public
records within the meaning of 1-18a(d) and 1-19(a), G.S.
7. The
Commission takes administrative notice of the record and decision in contested
case docket #FIC 92-58, Helen Gardner and The Prudential Connecticut Realty v.
Executive Director, Hartford Public Housing Authority, (hereinafter "FIC
92-58").
8. In FIC
92-58, the Commission concluded that although the tenants' "Application
for Continued Occupany" forms are public records within the meaning of
1-18a(d), G.S., they are, however, exempt from public disclosure pursuant
to 24 Code of Federal Regulations, Chapter IX, 913.109.
9. Section
913.109 of 24 C.F.R. Ch. IX (4-1-95 Edition), provides in relevant part:
As a condition of admission to, or
continued occupancy of, any assisted unit under the Public Housing Program, the
[Public Housing Authority] ("PHA") shall ... require the Family to
submit directly documentation determined 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
Docket #FIC 95-304 Page
3
housing assistance, for determining
the family's adjusted income or tenant rent, for verifying related income, or
for monitoring compliance with equal opportunity requirements. The use or disclosure of information obtained
from a Family or from another source...shall be limited to purposes directly
connected with administration of this part or for applying for assistance.
10. Section
8-116a, G.S., provides in relevant part:
The following provisions shall be
applicable to housing for elderly persons...(4) each housing authority... shall
provide a receipt to each applicant for admission to its housing projects
stating the time and date of application and shall maintain a list of such
applications, which shall be a public record as defined in section 1-18a and
which shall be created, maintained and revised in a manner which the
commissioner of housing shall, by regulation, provide....[Emphasis added.]
11. In
addition, 8-45-15 of the Connecticut Regulation of State Agencies provides
in relevant part:
(a)
A waiting list shall be a public record as defined by Section 1-18a,
C.G.S.. Every person shall have a right
to inspect such lists promptly during regular office or business hours, or to
receive a copy of such lists in accordance with the provisions of the state's
Freedom of Information Act....
12. It is
found that 8-116a, G.S., expressly requires the creation, maintenance and
revision of a waiting list and mandates that such list is a public record as
defined in the FOI Act.
13. It is
also found that nothing in 913.109 of 24 C.F.R. Ch. IX (4-1-95 Edition)
addresses or limits the disclosure of a waiting list.
14. It is
therefore concluded that 913.109 of 24 C.F.R. Ch. IX (4-1-95 Edition) does
not limit the disclosure of the requested waiting list, expressly required to
be maintained by the respondent as a public record pursuant to 8-116a,
G.S.
Docket #FIC 95-304 Page 4
15. However,
it is also found that the complainant's request is for more than the waiting
list information, required by 8-116a.
16. It is
found that the information requested, other than the waiting list information
required by 8-116a, G.S., is information which disclosure is limited by
913.109 of 24 C.F.R. Ch. IX (4-1-95 Edition).
17. It is
therefore concluded that the information requested, other than the waiting list
information required by 8-116a, is exempt from disclosure pursuant to
913.109 of 24 C.F.R. Ch. IX (4-1-95 Edition).
18. It is
further concluded that the respondent did not violate 1-19(a), G.S., when
it failed to provide the complainant with the information requested, other than
the waiting list information required by 8-116a, G.S. However, the respondent violated
1-19(a), when it failed to provide the complainant with the waiting list,
required to be maintained pursuant to 8-116a.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
respondent shall immediately provide to the complainant a copy of the waiting
list for each complex, required to be maintained pursuant to 8-116a, G.S.
2. If the
respondent does not maintain the waiting lists, as described in paragraph 1 of
the order, it shall provide the complainant with an affidavit attesting
thereto.
Approved by Order of the
Freedom of Information Commission at its regular meeting of July 10, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-304
Page 5
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:
Ann Hodgdon, Neighborhood
Legal Services, Inc.
c/o Wilfred Rodriguez, Esq.
1229 Albany Avenue
Hartford, CT 06112
Windsor Public Housing
Authority
Shad Run Terrace
40 Henry Street
Hartford, CT 06095
Elizabeth A. Leifert
Acting Clerk of the
Commission