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2026 Op. Del. Att'y Gen. 1 (2026)

handle is hein.sag/sagde0073 and id is 1 raw text is: 






I


KATHLEEN JENNINGS
   ATTORNEY GENERAL


DEPARTMENT  OF JUSTICE
  820 NORTH FRENCH STREET
  WILMINGTON, DELAWARE 19801


       CIVIL DIVISON (302) 577-8400
       CRIMINAL DIVISON (302) 577-8500
DIVISION CIVIL RIGHTS & PUBLIC TRUST (302) 577-5400
       FAMILY DIVISON (302) 577-8400
       FRAUD DIVISON (302) 577-8600
           FAX (302) 577-2610


      OFFICE   OF  THE  ATTORNEY GENERAL OF THE STATE OF DELAWARE

                          Attorney General  Opinion No. 26-IBO1

                                     January  9, 2026


VIA  EMAIL

Talia Mann
mnanntalass    gaiIeoiM


       RE: FOIA Petition Regarding the Delaware State Housing Authority


Dear Ms. Mann:

       We  write in response to your correspondence dated November 23, 2025, alleging that the
Delaware  State Housing Authority violated Delaware's Freedom of Information Act, 29 Del. C.
§§ 10001-10008  (FOIA). We treat this correspondence as a Petition for a determination pursuant
to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur. As
discussed more fully herein, we determine that the Authority violated FOIA by failing to meet its
burden to demonstrate that access to the tenant program application records was properly denied
under FOIA.  The remaining claims in the Petition do not constitute violations of FOIA.


                                    BACKGROUND

       On October 21, 2025, you submitted a FOIA request to the Authority, seeking (1) a video
recording of your hearing conducted on October 8, 2025, including any transcripts produced; (2)
all your tenant intake forms for the Project Based Housing Choice Voucher transmitted to the
Authority on February 7, 2025 and thereafter; and (3) the Authority's notes and files related to
you. On November   12, 2025, the Authority replied that this request was denied as the documents
you requested are exempt from [FOIA] and advised you to contact the Public Housing Authority
for information on viewing your application file.1 On November 3, 2025, you submitted a second


1


1      Petition, p. 215.