FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Brian T. Lynch,
Complainant
against Docket #FIC 85-265
Chairman and
Housing Authority of the Town of Trumbull,
Respondents July 23, 1986
The above-captioned matter was heard
as a contested case on May 30, 1986, at which time the complainant and the
respondents appeared and presented testimony, exhibits and argument on the
complaint.
After consideration of the entire
record, the following facts are found:
1. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By
letter dated November 27, 1985 the complainant made a request of the respondent
chairman for a certified copy of the respondent authority's list of
applications for senior citizen housing.
3. By
letter dated December 17, 1985 the respondents stated that they had on file a
list of approximately 500 applications, but that the list did not have the name
or address of applicants, merely a number for reference purposes. The respondents offered access to inspect
the list at their offices, but indicated that the complainant would not be
permitted to remove the list from the offices, "to protect the privacy of
our applicants."
4. By
letter of complaint filed with the Commission on December 30, 1985 the
complainant appealed the denial of his request.
5. At
hearing, the Commissioner of the State of Connecticut Department of Housing was
granted intervenor status to participate at the hearing level only.
6. Section
8-116a, G.S. provides, regarding housing for elderly persons, that each housing
authority shall provide a
Docket #FIC
85-265 Page Two
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, G.S. and which shall be created,
maintained and revised in a manner which the commissioner of housing shall, by
regulation, provide.
7. It
is found that the respondents maintain a list which includes the name of each
applicant and the date of application.
Such list is available in both chronological and alphabetical orders.
8. The
respondent authority claims that it has refused to allow copies of the list to
leave its offices because persons on the list would not want their landlords to
know that they were seeking apartments elsewhere.
9. Section
8-45-11 of the Regulations of Connecticut State Agencies provides that waiting
lists for low rental projects shall be created "by giving the applicants a
number and subdividing the list in accordance with the number of bedrooms
needed by the applicant." The
provisions of such regulation govern the implementation of moderate rental and
elderly housing waiting lists.
10. The
commissioner of the department of housing claims that pursuant to the
above-cited regulation the only information which is available to the
complainant is a list of numbers representing the coded names of applicants.
11. The
above-cited regulation did not become effective until January 21, 1986. The terms of such regulation would therefore
not apply to a list created and a request made and denied prior to January 21,
1986.
12. It
is further noted that the regulation concerns the manner in which lists are to
be created and does not explicitly or implicitly concern disclosure of lists
created in a non-conforming manner.
13. It
is found that the requested list is a public record within the meaning of
1-18a(d), G.S. The respondents
failed to prove that the list of names of persons and dates of applications for
elderly housing is exempted from disclosure by any provision of the Freedom of
Information Act, other state statute or federal law.
14. It
is concluded that the respondents violated 1-15, G.S. when they denied the
complainant's request for a certified copy of the waiting list for elderly
housing, including the names of applicants and dates of application.
Docket #FIC
85-265 Page
Three
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondents shall forthwith provide the complainant with a certified copy of
all its waiting lists for elderly housing, including the names of applicants
and dates of application, in existence on November 27, 1985.
Approved by order of the Freedom of
Information Commission at its regular meeting of July 23, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission