Chester Housing Authority Prevails in Privacy Case

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Kirk Dorn 215-735-6760, 215-704-3653

(Chester, PA-November 30, 2017) – In a case involving the Chester Housing Authority (CHA), the Pennsylvania Commonwealth Court ruled public housing authorities can keep the addresses and names of Housing Choice Voucher Program participants private.

“Too often, we have seen public officials try to paint a scarlet letter on the homes of low-income families, vets and others who receive assistance from the government in paying their rent,” said CHA Executive Director Steven A. Fischer. “This ruling clearly states that housing authority clients cannot be singled out.”

The case stems from a 2014 Right to Know Law request by the Chester Township solicitor, Stephen Polaha. Under the law, he asked CHA for a list of all properties where tenants receive housing assistance from the Housing Choice Voucher Program, also known as Section 8.

In claiming that certain properties were not being inspected as required, the solicitor then pressed for the names of the renters, as well as the names and addresses of the owners of those properties. In accordance with the Right to Know Law, CHA responded by providing inspection records and census track numbers. The housing authority also included the names and addresses of the owners of the properties, who are responsible for inspections. CHA did not believe Polaha had any legal grounds asking for Housing Choice Voucher Program participants’ names and addresses, though.

After Polaha sought legal action, however, in 2015 a Delaware County Common Pleas judge ordered CHA to turn over the requested information. CHA, wanting to protect its clients’ privacy, first took its arguments to the Commonwealth Court, and then to the Pennsylvania Supreme Court.

When the Pennsylvania Supreme Court sent the matter back to the Commonwealth Court, it reversed the original decision on November 21.  In doing so, the Commonwealth Court found that voucher recipients have a constitutionally-protected right to privacy in their home addresses. Ultimately, the fact that they receive assistance for their housing does not waive their right to privacy.

“We fought the original decision because we knew it was wrong,” said Fischer.

Although the case dealt specifically with CHA, the new ruling will apply to every housing authority in Pennsylvania.

Read more about CHA at www.chesterha.org.

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