Wednesday, December 21, 2005

Freedom of Information Act - waiver of fees

Community Legal Services v. HUD - ED Pa. - December 19, 2005

http://www.paed.uscourts.gov/documents/opinions/05D1502P.pdf

The court granted CLS's motion for summary judgment against HUD on CLS's request to have all fees waived for its Freedom of Information Act (FOIA), 5 USC 552 et seq., request for documents concerning Moving to Work (MTW) Demonstration Program of the Philadelphia Housing Authority, pursuant to PHA's agreement with HUD.

The Court found that CLS had "adequately shown that it satisfied the statutory requirements for a feee waiver" by showing that "disclosure of the requested documents is likely to contribute to public understanding, and that the contribution is likely to be significant."

Donald Marritz
MidPenn Legal Services

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