Lia Lynn v. Peabody Housing Authority (SPR 20253585)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 17, 2025 SPR25/3585 Anne Marie Burns Executive Director Peabody Housing Authority 75 Central Street Peabody, MA 01960 Dear Ms. Burns: I have received the petition of Lia Lynn appealing the response of the Peabody 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 October 18, 2025, Ms. Lynn sought the following: [1] [A] copy of [an identified individual’s] entire tenant file, including all contents maintained by the property management office[;] [2] All communications, emails, memoranda, and notes between PHA staff and external entities, including but not limited to the Peabody Police Department, DCF, and the Peabody Housing Court, that reference [an identified individual] or [an identified individual’s] tenancy[;] [3] Any internal memoranda or correspondence discussing the status or handling of [an identified individual’s] tenancy or eviction matter. The Authority provided a response on October 22, 2025. Unsatisfied with the Authority’s response, Ms. Lynn petitioned this office and this appeal, SPR25/3585, was opened as a result. Status of the Requestor; Reason for the Request 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 G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of 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

Anne Marie Burns SPR25/3585 Page 2 December 17, 2025 Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Lynn’s status shall have 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. See G. L. c. 66, § 10(b)(iv); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. See 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 Department’s October 22nd Response In its October 22, 2025 response, the Authority stated, “[p]lease be advised I have confirmed with EOHLC that we are allowed to charge you 5 cents per page for the copies you request. That being said, since you have already been provided copies of all documentation from your file that relates to the eviction process (including any police reports and any documentation from housing court since you receive the same documentation we receive and send to housing court) do you still want the entire file copied and sent to you? Please let me know and I will arrange to have staff begin making copies and mailed to your safe address.” In an October 22, 2025 email communication to the Authority, Ms. Lynn stated, “[y]es, please proceed with making a full copy of my entire tenant file. You may add the copying fees to my outstanding balance…” Current Appeal In her appeal, Ms. Lynn states, “I request your review under G. L. c. 66, § 10(b) of a copying fee assessed by the Peabody Housing Authority…”

Anne Marie Burns SPR25/3585 Page 3 December 17, 2025 Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that the civil litigation relating to the records that are the subject of this request, is active and ongoing in the Northeast Housing Court. See Peabody Housing Authority v. L.L., Northeast Housing Court, Docket No. 25H77SP002739 (December 9, 2025). Conclusion In light of the active litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Lia Lynn