Housing Voucher Programs - Policy and Procedures Manual

Chapter XXVII Sections

1. FOIA Requests
2. Independent Contractors and Responses to FOIA Requests
3. Exceptions to FOIA for Housing Agents
4. 50058 Forms and Tax Credit Properties
5. Applicable Forms List

Chapter XXVII: Freedom of Information Requests

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.