FOIA Appeals

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HUD's FOIA Regulations outline the procedure you must follow to file an appeal for a denial of a request, a fee determination, or expedited processing. You must submit your written appeal to the address specified in HUD's response to your FOIA request, fee waiver, or expedited processing request. If your appeal is sent to the wrong HUD office, we will make every effort to direct it to the correct office and will notify you that it has so forwarded your appeal. For processing purposes, the time of receipt will be when the appropriate office receives your appeal.

Your written appeal 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 United States Postal Service (i.e., facsimile, messenger, or delivery service) it must be received in the appropriate office by close of business on the 30th calendar day after the date of the HUD determination.

If you are appealing a denial of your request for information, 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 disclosure.

If you are appealing a fee determination, including a denial of your request for HUD to waive the fee, the appeal must contain the following information:

(1) The address of the office which 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 reasons you believe that your fee should be lower than the fee which the Agency 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 appealing a denial of your request for expedited processing, 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 expedited processing.

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

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

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

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

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

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

i) Waive the fee or charge the fee that you have requested;

ii) Modify the original fee charged, and explain why it has determined that the modified fee is appropriate; or

iii) Advise you that the original fee charged was appropriate, and explain why it has determined that the fee is appropriate.

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

i) Agree to expedited processing of your request; or

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