What is the Freedom of Information Act? |
As a public agency, the Boston Housing Authority is subject to the federal Freedom of Information Act, 5 U.S.C. subsection 552, and the state Public Records Act, pursuant to MGL c. 66 § 10, as defined in clause Twenty-sixth of section seven of chapter four. “Every person having custody of any public record shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person, under his supervision, and shall furnish one copy therof upon payment of a reasonable fee.”
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What is a public record? |
Public records include all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of the Boston Housing Authority, unless such materials or data fall within the following exemptions:
- Specific laws that make certain records non-public;
- If there is a legitimate public interest in an agency’s personnel rules and practices, records relating to them are public. This exemption applies only to matters in which the public could not reasonably be expected to have an interest;
- Personnel and medical files relating to a specific individual are private and may not be released to the public. Other information relating to a specific individual may be denied to the public if public access would be an unwarranted invasion of personal privacy;
- Documents relating to policy positions being developed by an agency are exempt from disclosure;
- Personal materials prepared by a government employee, which are not part of government files, are private and may not be seen by the public;
- Records made by police or other officials are non-public if their disclosure would interfere with effective law enforcement;
- Information that is required to be submitted to the government or that is submitted in order to get a government contract is public. Trade secrets and commercial and financial information voluntarily provided to the government to help in policy development are not public if the government promises the provider that such information will be kept confidential;
- Proposals and bids submitted to government agencies are non-public until the time for submitting them has expired; at which point they become public. Internal government documents concerning review of proposals and bids are non-public until the agency enters into contract negotiations or a contract with a particular person, at which point they become public;
- Appraisals of real property made by the government are exempt from disclosure, even when the property is taken by eminent domain. Records do not become public until there is a purchase and sale agreement or until the statute of limitations on the transaction (three years) has expired.
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How do I obtain public records from the BHA? |
Please send your request in writing to:
Boston Housing Authority Legal Department
52 Chauncy Street, 10th floor
Boston, MA 02111
Attn: Jennifer Berardi-Constable
Or, you may e-mail the Legal Department, using the form provided. Your request should include scope of documents requested, your name, along with the name of your firm, mailing, and e-mail address.
Payment is due by the time of receiving the documents requested, and consists of a fee of twenty cents (.20) per page for each 8 1/2 by 11 inch page. There is also a fee for staff time allocated to answer the request, at the rate of $14.00 per hour. If the documents produced prove to be voluminous in nature, the Boston Housing Authority may ask the requestor to come to the offices located at 52 Chauncy Street to review those documents which are responsive to the request. At that time, the requestor may select documents for copying and arrangements will be made to have the documents copied according to the fee schedule indicated.
To obtain a copy of the Public Records Request Form, click here.
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