Chapter XXVII: Freedom of Information Requests

Effective: April 2004

Introduction

This policy addresses how independent contractors should respond when they receive a request for documents or information under the Freedom of Information Act (“FOIA”).

(MSHDA) State employees should respond to requests for documents or information under the FOIA by following the procedures outlined in MSHDA Office Bulletin #7.

Section A: FOIA Requests

A request for documents is subject to FOIA when the request is:

1. in writing; and
2. addressed to a public body such as the Michigan State Housing Development Authority (MSHDA).

A request made by e-mail, FAX, or hand-delivery is subject to FOIA. A written request is subject to FOIA even if the request does not reference the terms “FOIA” or “Freedom of Information Act.”

Section B: FOIA Request Procedure for Independent Contractors

Independent contractors are not authorized to accept FOIA requests for public bodies. Therefore, Housing Agents (HA’s) are prohibited from (a) accepting requests for documents on behalf of MSHDA or (b) forwarding such requests to MSHDA staff.

When a request for information or documents is made to a HA, they should respond in writing to the requestor and include the following information:

1. The HA is an independent contractor not authorized to accept requests for information or documents under FOIA; and
2. Requests for information or documents should be addressed to the Michigan State Housing Development Authority, 735 E. Michigan Avenue, Lansing, MI 48912, Attention: Legal Department. Requests can be delivered by hand, U.S. mail, overnight delivery service, facsimile, or E-mail. (HA’s may use the attached form when responding to requests for documents or information.)

Section C: Exceptions to FOIA for Housing Agents

Housing Agents may respond to certain requests, even though such requests are subject to FOIA. In each example below, a HA should simply provide the requested documents:

• Responding to a request from a landlord for blank forms when the forms are necessary for the landlord to participate in the Housing Choice Voucher (HCV) Program. The landlord must complete the forms to be eligible for the HCV Program.
• Responding to a request from a tenant to provide copies of HCV forms that the tenant has signed or provided, such as a voucher or lease and amendment to lease. Such a request is deemed to be part of the process of administering the HCV Program – the tenant is entitled to a copy of a form they have. The key fact here is that the tenant initially provided the documents they’re requesting. The HA should not, however, provide such documents to any parties other than the tenant. For example, if a landlord requests documents signed by the tenant (other than the lease), the HA should inform the requesting landlord in writing that (a) they are not able to accept FOIA requests and (b) such requests should be addressed to MSHDA (See the form letter).
• Providing a form or pamphlet to a Tenant when required under Existing Housing regulations or State law. Again, providing such documents is part of the process of administering the HCV Program.

While each of the above examples is subject to FOIA, formal response procedures are not necessary because the requested documents would be available under FOIA and must be provided promptly to effectively administer the HCV Program.

Section D: HUD 50058 Family Report Forms and Tax Credit Properties

MSHDA and HA’s frequently receive requests from landlords for Family Report (HUD 50058) forms. Examples follow which illustrate the procedures to follow in the event of such requests:

• A new landlord contacts the HA and requests a completed HUD 50058 form for a particular tenant. This request is subject to FOIA. The HA should use the form letter to advise the landlord that a request for a HUD 50058 form is subject to FOIA and must be addressed and delivered to MSHDA. (Note: To obtain copies of HUD 50058 forms for a particular tenant, a landlord must submit to MSHDA (a) a written request for the HUD 50058 for a particular tenant and (b) an authorization signed by that tenant. A blank authorization form can be obtained on the Internet at www.michigan.gov/mshda.
• A HA provides a completed or blank HUD 50058 form to the tenant who will thereafter visit a Tax Credit property to rent a unit. This action would not be subject to FOIA because a request for the 50058 form has not been made.

If you have any questions regarding requests for documents, FOIA, or the use of the attached form, contact your Area Manager.

Section E: Applicable Forms List