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HUD   >   Program Offices   >   Chief Human Capital Officer   >   Freedom of Information Act (FOIA)   >   Freedom of Information Act(FOIA)
FOIA Appeals
HUD's FOIA Regulations outline the procedures you must follow to file an appeal of a denial of a FOIA request, a fee determination, or expedited processing, received from either HUD Headquarters or the agency's regional and field offices. You may submit appeals electronically or in writing (by mail, facsimile, messenger, or delivery service) to the address specified in HUD's response to your FOIA, fee waiver, or expedited processing request

For appeals arising from requests made to a HUD field office, and submitted in writing, you must submit the appeal to the address of the HUD regional office specified in HUD's response to your FOIA, fee waiver, or expedited processing request. If you submit your appeal to a different HUD office, we will make every effort to redirect it to the HUD regional office identified in HUD's response, and will notify you about the correction. For processing purposes, the time of receipt will be when the correct HUD office receives your appeal.

Appeals submitted electronically must be filed within 30 calendar days of the date of the HUD determination from which you are appealing. If you are mailing an appeal, it must be postmarked within 30 calendar days of the date of the HUD determination from which you are appealing. If your appeal is transmitted by a service other than the mail (i.e., by facsimile, messenger, or delivery service), it must be received in the appropriate HUD office before close of business on the 30th calendar day after the date of the HUD determination from which you are appealing.

When submitting an electronic appeal of a denial of your request for information, the electronic system will prompt you to provide the required information. If you are submitting a written appeal of a denial of your request for information, your appeal must contain the following information:

(1) A copy of your original request;

(2) A copy of the written denial of your request; and

(3) Your statement of the facts and legal arguments supporting disclosure.

When submitting an electronic appeal of a denial of a fee waiver for your request, the electronic system will prompt you to provide the required information. If you are submitting a written appeal for a denial of a fee waiver, the appeal must contain the following information:

(1) The address of the office that made the fee determination from which you are appealing;

(2) The fee that office charged;

(3) The fee, if any, you believe should have been charged;

(4) The reason(s) you believe that your fee should be lower than the fee charged or should have been waived; and

(5) A copy of the initial fee determination and copies of any correspondence concerning the fee.

If you are submitting an electronic appeal for a denial of expedited processing for your request, the system will prompt you to provide the required information. If you are submitting a written appeal for a denial of expedited processing, the appeal must contain the following information:

(1) A copy of your original request;

(2) A copy of the written denial of your request; and

(3) Your statement of the facts and legal arguments supporting expedited processing.

HUD will decide your appeal of a denial of expedited processing within 10 business days after its receipt. For any other type of appeal, HUD will decide your appeal within 20 business days after its receipt. HUD may have an additional 10 business days to make a decision if unusual circumstances require.

If you are appealing a decision to deny your request for records, HUD will either:

(1) Give you the records you requested or advise you that the records will be provided by the originating office;

(2) Give you some of the records you requested while declining to give you other records you requested, tell you why HUD has concluded that certain records were exempt from disclosure under the FOIA, and tell you how to obtain judicial review of HUD's decision; or

(3) Decline to give you any of the records you requested, tell you why HUD has concluded that the records were exempt from disclosure under the FOIA, and tell you how to obtain judicial review of HUD's decision.

If you are appealing a fee determination, HUD will either:

(1) Waive the fee or charge the fee that you have requested;

(2) Modify the original fee charged, and explain why HUD has determined that the modified fee is appropriate; or

(3) Advise you that the original fee charged was appropriate, and explain why HUD has determined that the fee is appropriate.

If you are appealing a denial of your request for expedited processing, HUD will either:

(1) Agree to expedited processing of your request; or

(2) Advise you that HUD has affirmed the decision to deny expedited processing, and tell you how to obtain judicial review of HUD's decision.