Questions & Answers

Information On Property Ownership By Elected Officials Redacted In FOIL

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QUESTION

I have a FOIL issue I’d like your take on. The Albany County Legislature recently narrowly defeated a bill to provide funding for attorney representation for low income tenants facing eviction. I believe funding has already been made available for legal aid to provide attorneys to tenants in these circumstances.
It is common knowledge that some county legislators are also landlords. In general, landlords oppose tenants having legal counsel in eviction proceedings, for obvious reasons. So it would be interesting for the public to know who owns rental property in the county, how much they own, to determine if there might be any ethical issue with any legislator’s vote.
I submitted a FOIL request for all the County legislators’ recently filed ethics forms through the County Clerk’s office and eventually received the responses. In each and every case, the answer to the question of whether the legislator or family member had a financial interest in real property in the county was redacted.

It would seem that the public has a legitimate interest in this information, and it would seem that neither the County nor a legislator would have a legitimate reason in restricting release of this information. Such information would be available if a search of the County’s real property records was made, which would be time-consuming and arduous.

(attached FOIL records  file omitted for anonymity)

Answer

You raise a very interesting question.

As you point out, ownership of real property is a matter of public record and I don’t get why they would black that information out.

I see they also blacked out employment information, which could possibly be a conflict of interest in some instances as far as contracting with an entity etc.
I assume their argument will be that the information was redacted for privacy reasons. It is well established that public employees enjoy a lesser degree of privacy.

An important reason for completing these disclosure forms is so that they can be viewed by the public and news media to ascertain possible conflicts of interests. It is hard to do that when addresses and employment information is blacked out.

The best way to address this may be to pass what you have found to a reporter who can draw attention to this by writing an article about it. I know reporters who may be interested.
You may also want to file an appeal objecting to the fact that information was redacted and asking for an explanation as to why.

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