Michael Christian v. Boston Housing Authority (SPR 20253623)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2025 PR25/3623 Kelly McNeil Records Access Officer Boston Housing Authority 52 Chauncey Street Boston, MA 02111 Dear Ms. McNeil: 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 November 19, 2025, Mr. Christian requested the following: [C]opies of all documents pertaining to my tenancy and Section 8 Housing Choice Voucher program participation at [an identified address] [1] A complete and certified copy of my current BHA‐approved Lease Agreement for the address above. [2] A complete and certified copy of any and all BHA‐approved addenda that are part of this lease agreement. [3] A formal, signed and/or BHA‐stamped statement on official BHA letterhead confirming whether or not any addenda are on file for my current tenancy. [4] Confirmation as to whether my BHA file indicates that I am currently enrolled in any additional local housing initiative programs (such as LHIP) or other supplementary housing subsidy programs. [5] If my file does not indicate enrollment in any additional subsidy programs, I request a formal, written statement on BHA letterhead clearly confirming this fact. The Authority responded on November 19, 2025. Unsatisfied with the Authority’s response, Mr. Christian petitioned this office and this appeal, SPR25/3623, was opened as a result. 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

Kelly McNeil SPR25/3623 Page 2 December 22, 2025 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); 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. 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. Status 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 G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Therefore, Mr. Christian’s interest in obtaining the records shall have no bearing on the public status of any existing responsive records. The Authority’s November 19th Response On November 19, 2025, the Authority stated, “I forwarded your email to [an identified individual] in our Legal Department.” Current Appeal In his appeal, Mr. Christian states that, “[t]he BHA has failed to comply with the statutory requirement to provide a written response within 10 business days of receiving the request ... I need these records to be approved for use in my current eviction process complaint and intend to use the BHA’s response as an exhibit in my court filing.” In his appeal, Mr. Christian provided a copy of a Motion to Compel Certified Records. See SVA Prynne LLC v. Michael Christian, Docket No. 24H82SP01660 (June 17, 2024).

Kelly McNeil SPR25/3623 Page 3 December 22, 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 Metro South Housing Court. See SVA Prynne LLC v. Michael Christian, Docket No. 24H82SP01660 (June 17, 2024). In light of the pending civil matter, 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: Michael Christian