NLADA Comments to HUD Regarding Confidentiality and Homelessness Assistance Stimulus

NLADA has been working with the Department of Housing and Urban and Development (HUD) for the past several months around the issue of client confidentiality with respect to homelessness assistance stimulus money. This issue arose after a number of legal aid programs applying for funds under the Homelessness Prevention and Rapid Re-Housing Program (HPRP) of the American Recovery and Reinvestment Act (ARRA) were being mandated by their state and local authority administering ARRA funds to participate fully in the Homeless Management Information System (HMIS). In order to receive HPRP funds, many programs feel that client-specific information had to be released that is protected by the attorney-client privilege. NLADA addressed these concerns on behalf of legal services organizations in its June 11, 2009 memorandum to the HUD General Counsel, Helen Kanovsky.

HUD responded to the NLADA memorandum in an August 6, 2009 letter stating that HMIS data is received by HUD from local Continuum of Care programs in an aggregated form and thus does not, at the HUD level, include personally identifiable client information that would compromise the attorney-client privilege. HUD concluded that "based on their review of HMIS reporting requirements, the data standards used by HMIS for the HPRP do not impose a requirement to collect information that is confidential, attorney-client privileged or that would over-ride an attorney's rules of professional responsibility."

After discussing HUD's response with several legal aid programs around the country, NLADA submitted a follow-up letter to HUD General Counsel Kanovsky on September 30, 2009. In this letter, NLADA shared a continuing concern from legal aid providers about client information received directly by Continuum of Care organizations, pre-aggregated form, that reveals confidential or privileged information about clients being served. We recommended that HUD issue a directive to Continuum of Care organizations that would define confidential fields that are protected under the rules of professional responsibility. NLADA suggested that these confidential fields include the client's name, social security number, address and date of birth. To avoid duplicate counting of recipients, we suggested further that HUD devise a process of identifying individuals, such as assigning unique client identifiers, without using the above-mentioned confidential fields.

NLADA emphasized the critical role of legal aid programs in addressing the needs of homeless and potentially homeless people across the nation, especially with the increased need among individuals facing foreclosure and forfeiture of their homes caused by the weakened economy. HUD has excluded victim services providers from providing potentially identifying data in the HPRP Annual Performance Report and we hope to reach a similar approach. We look forward to continuing work with HUD on this issue and bringing resolution to this matter.

Please contact Don Saunders, d.saunders@nlada.org, director of Civil Legal Services, or Hillary Evans, h.evans@nlada.org, civil associate, should you have any questions or comments concerning the HMIS issue.