Section 0770-01-05-.31 - REQUESTS FOR INFORMATION RULES(1) Privacy Rights and Guidelines for Processing EIV.(a) Generally. Pursuant to the Tennessee Public Records Act, Tennessee Code Annotated Title 10 Chapter 7 (the "Public Records Act"), records maintained by the Tennessee Housing Development Agency are generally a matter of public record. However, federal statutes protect certain components of the HCV, Homeownership option, and FSS files, including social security numbers, Enterprise Income Verification (EIV) records, medical or disability information, information on minor household members, and criminal background records.(b) Authorization for Release. Applicants and participants, including all adults in the household, are required to sign the THDA Authorization for Release of Information form and the HUD Authorization for Release of Information and Privacy Act Statement (Form-9886), which allow the THDA to collect certain information about the client's income, family composition, and other factors that affect eligibility and states under what conditions tenant and owner information will be released. The THDA policy regarding release of information is in accordance with these documents, the individual authorized verification forms, federal and state law, and agency policy.(c) EIV. The THDA may only release EIV information to the participant that the information pertains to. EIV information of minors may be provided to the minor's parent, guardian, or payee only. The THDA may release EIV information to persons, other than the person the information pertains to, only upon receipt of a court subpoena. A copy of any such subpoena must immediately be furnished to the local HUD office. EIV information may be released to a third party (attorney, etc.) if the participant has signed an authorization for release of information to a third party.(d) Disability and Criminal Records. Any information that would lead one to determine the nature or severity of a person's disability or criminal record is protected. Elements of files or records protected under federal statutes will not be available for public review. These elements will be redacted before the full record is made available.(2) Processing Requests for Inspection/Duplication of Information from Applicants, Participants, or their Authorized Representatives.(a) Authorized Representatives. Anyone claiming to be an authorized representative must provide a release of information signed by the applicant or participant head of household in order to view or copy the record.(b) Process. 1. All requests for the inspection or copying of any record by an applicant, participant, or their authorized representative will be managed by the appropriate Rental Assistance Manager at the local THDA field office where the record is maintained.2. The appropriate Rental Assistance Manager shall complete sections 1-5 and 8 of the Inspection/Duplication of Records Request form provided by the Office of Open Records Counsel for each request for inspection of the THDA's records.3. Once a request has been received, an appointment will be scheduled within seven (7) business days of the request date. If for any reason an appointment cannot be scheduled within 7 business days, the request will be referred to the THDA's Records Custodian at the THDA's central office.4. A copy of the Inspection/Duplication of Records Request form will be sent to the Records Custodian after the request is fulfilled.(c) EIV. EIV information may only be viewed or copied by the applicant or participant the information pertains to. The head of household or other member may not view or copy the EIV information of another adult household member. EIV information of minors may be viewed or copied only by the minor's parent, guardian or payee. EIV information may be released to a participant's authorized representative if the participant has signed an authorization of release of information for the representative.(3) Processing Requests for Information from Other Citizens of the State of Tennessee.(a) Citizenship Required. All persons making a request for information must be a citizen of the State of Tennessee. Identification sufficient to prove citizenship must be provided prior to review or copying of any request.(b) Process. 1. All requests for the inspection or copying of any record by a citizen of the State of Tennessee who is not a participating applicant, participant, or their authorized representative will be referred to the THDA's Records Custodian. The Records Custodian is the person appointed by the Executive Director to serve as liaison to the requestor, act as a resource to the THDA's staff to provide guidance on issues related to compliance with the Public Records Act, and assist each division in processing requests for inspection and/or copying of Public Records.2. The THDA cannot require that a request to review information be put in writing, but can require that a request to copy be put in writing.3. The Records Custodian will complete sections 1-5 and 8 of the Inspection/Duplication of Records Request form provided by the Office of Open Records Counsel for each request for inspection of the THDA's records.4. Whenever possible the Records Custodian will permit the requestor to inspect the Public Record immediately. Where the Public Record cannot be inspected immediately the Records Custodian shall provide the requestor with a date and time when the Public Record shall be available.5. Public Records will be made available within seven (7) business days of the request. If it is not possible to provide the Public Record for inspection within 7 business days, the Records Custodian will inform the Requestor using the Records Production Letter provided by the Office of Open Records Counsel.6. The Records Custodian will assure that: (i) The requestor is a citizen of the State of Tennessee;(ii) The request identifies with sufficient specificity the records that are the subject of the request;(iii) The items requested are Public Records;(iv) Notice is provided to the person whose file is the subject of the request that a request for inspection has been made;(v) The Public Records are reviewed and redacted of confidential information as appropriate before being made available for review; and(vi) The inspection of the Public Record is supervised by appropriate THDA staff.(4) Copies. (a) Copies cost fifteen ($0.15) cents per copy for black and white copies and fifty ($0.50) cents per color copy. The Records Custodian will communicate with the requestor as to the cost of colored copies and whether the record loses meaning or becomes less understandable if copied in black and white. The requestor will choose whether to have the copies provided in color or black and white. If color copies are requested, the request must be processed at the THDA's central office.(b) The request must be made in writing and must identify with sufficient specificity the records that are the subject of the request.(c) For Public Records, the requestor must complete the Inspection/Duplication of Records Request form provided by the Office of Open Records Counsel sections 1-4 for each request to copy Public Records.(d) If the requestor prefers that the THDA mail the copies, the requestor is responsible for any postage costs related to providing the copies requested. The copies of the Public Records shall be sent by U.S. Postal Service first class unless the requestor indicates otherwise in writing.(e) The Records Custodian will assist the THDA staff in determining whether the requested items are Public Records, redacting the Public Record as appropriate, and determining the charges related to providing the requested copies.(f) The Record Custodian shall provide the Requestor with an estimate of charges.(g) Charges for labor will only be required when copies are requested. Staff for each division shall be responsible for copying records. All time spent locating, retrieving, reviewing, redacting, and reproducing records will be recorded by staff and reported to the THDA Records Custodian. The Records Custodian will determine the appropriate labor charges based upon the base hourly salary of staff involved in providing the copies. Labor costs will exclude the first hour spent fulfilling the request. Should the time required to fulfill the request exceed one hour, the hour excluded will be the hour that represents the highest base salary.(h) Any additional costs in excess of the charges identified in this policy which are directly related to the copying of records will be charged to the Requestor to the fullest extent permitted by law.(i) All costs associated with requests to copy records must be paid using a check or money order made out to the THDA. Cash payments for photocopies will not be accepted. All costs associated with requests to copy records must be paid before copies will be provided.(5) Denial of Requests. Where the Records Custodian determines that a request must be denied, the Records Custodian will provide the requestor with the THDA Records Request Denial Letter, which will provide a specific reason for denial of the request.(6) Information Made Available by THDA to Prospective Landlords. The only information the THDA will give to prospective landlords regarding a participant is the contact information for prior landlords. Landlords themselves are responsible for determining a participant's suitability for tenancy. The THDA is not permitted to discuss a participant's program file or history with a prospective landlord.Tenn. Comp. R. & Regs. 0770-01-05-.31
Original rule filed May 16, 1980; effective June 30, 1980. Repeal filed September 28, 2004; effective December 12, 2004. Repeal and new rule filed June 4, 2015; effective 9/2/2015.Authority: T.C.A. §§ 13-23-104, 13-23-115(18), 42 USC §§ 1437, and 24 CFR, Part 982.