Michael Christian v. Boston Housing Authority (SPR 20232127)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 21, 2023 SPR23/2127 Dean Papademetriou, Esq. General Counsel Boston Housing Authority 52 Chauncy Street Boston, MA 02111 Dear Attorney Papademetriou: I have received the petition of Michael Christian appealing the response of the Boston Housing Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 23, 2023, Mr. Christian requested: . . . all correspondence between Boston Housing Authority and Breit MF Blue Hills, LLC from January 1, 2018 through January 23, 2023, in relationship to client ID AG259791, . . . in addition to: 1) Notice of payment determination (calendar year 2018, 2019, 2020 and 2021). 2) Leased housing quality control form (calendar year 2018, 2019, 2020 and 2021). In addition, correspondence between Boston Housing Authority and Breit MF Blue Hills, LLC/Prynne Blue Hills Management Co. and Attorney at Law . . . from January 1, 2018 through June 30, 2023, in relation to Client . . ., and if these documents are not within BHA’s custody, who may I contact for discloser of these records request: 3) Rent Increase Forms, 4) Rent Roll Forms, 5) Notice to Breit of application to household adding [an identified individual] and 6) Notice to Breit sent May 26, 2020. The Authority provided a response on September 5, 2023, denying access to the responsive records. As a result of the Authority’s September 5th response, Mr. Christian petitioned the Supervisor of Records, and this appeal was opened. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Dean Papademetriou, Esq. SPR23/2127 Page 2 September 21, 2023 Purpose of request; identity of requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Christian’s purpose in making the request has no bearing on the public status of any existing responsive records. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Authority’s September 5th Response In its September 5, 2023 response, the Authority states that it, “. . . received your January 23, 2023 public records request, a copy of which is attached to the bottom of this email. You requested documents related to tenancy and Section 8 [status of an identified person]. As other staff have previously notified you, these documents are not considered public records. Nevertheless, you requested a formal response, and therefore we are hereby issuing this formal denial of your request for public records because the documents you requested are exempt from the [P]ublic [R]ecords [L]aw pursuant to M.G.L. c 4, § 7.” While the Authority informed Mr. Christian that the requested records are restricted from disclosure to the public under the Public Records Law pursuant to G. L. c. 4, § 7(26), the Authority did not claim an exemption in the Public Records Law. The Authority’s response did

Dean Papademetriou, Esq. SPR23/2127 Page 3 September 21, 2023 not contain the specificity required in a denial of access under the Public Records Law. See G. L. c. 66, § 10(b)(iv) (“the burden shall be upon the custodian to prove with specificity the exemption which applies”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Specifically, the Authority has not met its burden to show how the records are restricted from public disclosure and fall within an exemption under the Public Records Law. As a result, I find that the Authority has not met its burden in responding to the request. Subsequent to the opening of this appeal, a Public Records Division attorney was informed by Attorney Papademetriou that the Authority intends on providing a further response to Mr. Christian. Conclusion Accordingly, the Authority is ordered to provide Mr. Christian with said response to his request in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Michael Christian