FOIA Request

Michigan Homeowner Assistance Nonprofit Housing Corporation (“MHA”) Freedom of Information Act Procedures and Guidelines

  1. Submission of FOIA Request.

    FOIA requests to MHA can be sent by mail to:

    Michigan Homeowner Assistance Nonprofit Housing Corporation

    Attn. FOIA Coordinator
    735 East Michigan Avenue
    P.O. Box 30044
    Lansing, MI 48909

    Requests should include a name, phone number, and mailing address.

  2. Immediately Forward FOIA Request.

    Any board member or representative of MHA who receives a written request for a public record must immediately forward that request to MHA’s FOIA Coordinator. If an MHA board member or representative receives a written request for a public record that is delivered to a spam or junk-mail folder, the employee must record the date and time the written request is delivered to the spam or junk-mail folder and date and time the employee first becomes aware of the written request. The employee must forward those dates and times to MHA’s FOIA Coordinator with the written request.

  3. Request Response Time.

    MHA may extend the time for responding by an additional ten (10) business days by notifying the requesting person in writing of the reason for the extension and the new due date. MCL 15.235(2)(d) and (6). Due to the short statutory time period within which MHA must issue a written notice in response to the FOIA request, it is imperative that there be no delay in complying with MHA’s procedures and guidelines.

  4. Response to a FOIA Request.

    Only MHA’s FOIA Coordinator or Alternate FOIA Coordinator will respond to FOIA requests. MHA will provide copies of these procedures and guidelines and a summary of these procedures and guidelines with each written response or provide a link to an online version of these documents. If a request is denied, in full or in part, the MHA will provide the requester with an explanation of the basis of the denial under the FOIA, and give notice to the requester of his or her remedial rights. MCL 15.235(4).

  5. Notification of FOIA Request.

    Upon receipt of a FOIA request, MHA’s FOIA Coordinator will contact the division or divisions that might possess records responsive to the FOIA request.

  6. Division Response to MHA’s FOIA Coordinator.

    As soon as possible, but not later than four (4) business days before the MHA’s FOIA response is due, the division’s response is due to the FOIA Coordinator.

  7. Assessment of Fees for a FOIA Request.

    The FOIA permits MHA to charge a fee for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material, but only if the failure to charge a fee would result in unreasonably high costs to the MHA because of the nature of the request in the particular instance, and the MHA specifically identifies the nature of these unreasonably high costs. MCL 15.234(1) and (3)

    The following fee guidelines for calculating labor and material costs incurred in processing FOIA requests are established pursuant to MCL 15.234(3):

    1. Fees will be uniform and not dependent upon the identity of the requesting person.
    2. Fees will be itemized using the attached detailed itemization form and will include:
      1. Labor costs for the search, location, and examination of public records will be calculated using the hourly wage of MHA’s lowest paid employee capable of conducting the search, location, and examination, whether or not they are available or actually perform the labor. Such labor costs shall be estimated and charged in increments of fifteen (15) minutes with all partial increments rounded down. The hourly wage will be based on MHA’s payroll records for the applicable fiscal year. Labor costs shall also include up to fifty percent (50%) of the hourly wage to partially cover the cost of fringe benefits, not to exceed the actual cost of fringe benefits.
      2. Labor costs for the review of public records and separation and deletion of exempt from nonexempt material will be calculated using the hourly wage of MHA’s lowest paid employee capable of conducting the review and separation and deletion of exempt from nonexempt material, whether or not they are available or actually perform the labor. Such labor costs shall be estimated and charged in increments of fifteen (15) minutes with all partial increments rounded down. The hourly wage will be based on MHA’s payroll records for the applicable fiscal year. Labor costs shall also include up to fifty percent (50%) of the hourly wage to partially cover the cost of fringe benefits, not to exceed the actual cost of fringe benefits.
      3. Nonpaper physical media costs will be calculated using the actual and most reasonably economical cost of computer discs, computer tapes, and other digital and similar media provided by MHA.
      4. Duplication and publication costs will be calculated using the actual total incremental cost of necessary duplication or publication of a public record, not including labor. The actual and incremental cost, calculated per sheet, shall be charged and will not exceed ten cents ($0.10) per sheet of paper for letter or legal size paper. MHA shall use the most economical means available for making copies, including the use of double-sided printing, if cost-saving and available.
      5. Labor costs for the duplication or publication of public records, including making paper copies, making digital copies, or transferring digital public records to be produced on nonpaper physical media or through electronic means, will be calculated using the hourly wage of MHA’s lowest paid employee capable of duplicating or publishing the public records, whether or not they are available or actually perform the labor. Such labor costs shall be estimated and charged in increments of fifteen (15) minutes with all partial increments rounded down. The hourly wage will be based on MHA’s payroll records for the applicable fiscal year. Labor costs shall also include up to fifty percent (50%) of the hourly wage to partially cover the cost of fringe benefits, not to exceed the actual cost of fringe benefits.
      6. Actual costs of mailing using a reasonably economical and justifiable manner.
    3. No MHA employee shall stipulate to work overtime or include overtime wages in the labor costs described in these procedures and guidelines.
    4. If a requester submits an Affidavit of Indigency, the first Twenty Dollars ($20.00) of a fee will be waived. A requesting person must include a statement that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.
    5. Labor costs for monitoring an inspection of original records will be calculated using the hourly wage of the MHA’s lowest paid employee capable of monitoring the inspection. Labor costs for monitoring an inspection will not be charged for the first hour. The hourly wage will be based on MHA’s payroll records for the applicable fiscal year. Note: Section 3(3) of the FOIA, MCL 15.233(3), provides, in pertinent part, that “[a] public body shall protect public records from loss, unauthorized alteration, mutilation, or destruction.”
    6. If a statute authorizes the sale or production of public records to the public for a specified fee or if a fee for production of public records is otherwise set by statute, MHA will charge the statutory fee in lieu of a fee calculated using the guidelines set forth above.
    7. MHA will not charge a fee for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material that will take less than fifteen minutes. If the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material will take more than fifteen minutes, a fee will be charged in accordance with this procedure pursuant to section 4 of the FOIA, MCL 15.234. The hourly wage will be based on MHA’s payroll records for the applicable fiscal year.
  8. Deposit Requirements.

    If MHA estimates a fee to process a FOIA request greater than Fifty Dollars ($50.00), MHA will require a good-faith deposit from the requestor before providing the public records to the requestor. The deposit shall not exceed one-half (1/2) of the total estimated fee. Any written notice containing a notice of a deposit shall also contain a best efforts estimate by MHA regarding the time frame after a deposit is received that it will take MHA to provide the public records to the requestor. The time frame estimate is not binding upon MHA, but MHA shall provide the estimate in good faith and strive to be reasonably accurate and to provide the public records in a manner based on this State’s public policy under section 1 of the FOIA, MCL 15.231, and the nature of the request in the particular instance.

  9. Appeals of Fees and Disclosure Determinations.

    If MHA charges a fee or denies all or part of a request, the requestor may submit to the board of MHA a written appeal that specifically states the word “appeal” and identifies the basis for which the fee should be reduced or the disclosure determination should be reversed. Written appeals may be sent to the email address or mailing address listed above and will be forwarded to the MHA’s Board or the person designated by the Board to respond to written appeals.

  10. Avenues for challenge and appeal.

    If MHA charges a fee or denies all or part of a request, you may submit to the board of MHA a written appeal that specifically states the word “appeal” and identifies the basis for which the fee should be reduced or the disclosure determination should be reversed. Written appeals may be sent to the mailing address listed above and will be forwarded to the MHA’s Board or the person designated by the Board to respond to written appeals.