Housing Matters Privacy Policy:

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We collect information about individuals from agencies for reasons that are discussed in our privacy policy. We may be required to collect some personal information by law or by organizations that give us money to operate this program. Other personal information that we collect is important to run our programs, to improve services for homeless individuals, and to better understand the needs of homeless individuals. We only collect information that we consider to be appropriate. If you would like to see our privacy policy, our staff will provide you with a copy.

 

How We Use and Disclose PII (Personal Identifying Information)

1. We use or disclose PII for activities described in this part of the policy. We may or may not make any of these uses or disclosures of your PII. We assume that you consent to the use or disclosure of your PII for the purposes described below and for other uses and disclosures that we determine to be compatible with these uses or disclosures:  

1. To provide or coordinate services to individuals.

2. For functions related to payment or reimbursement for services;

3. To carry out administrative functions such as legal, audits, personnel, oversight and management functions;

4. To create de-identified (anonymous) information;

5. When required by law to the extent that use or disclosure complies with and is limited to the requirements of the law;

6. To avert a serious threat to health or safety if:

1. We believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public; and

2. The use or disclosure is made to a person reasonably able to prevent or lessen the threat, including the target of the threat.

1. To report about an individual we reasonably believe to be a victim of abuse, neglect or domestic violence to a governmental authority (including a social service or protective services agency) authorized by law to receive reports of abuse, neglect or domestic violence in any of the following three circumstances:

1. Where the disclosure is required by law and the disclosure complies with and is limited to the requirements of the law;

2. If the individual agrees to the disclosure; or

3. To the extent that the disclosure is expressly authorized by statute or regulation and either of the following are applicable:

1. We believe the disclosure is necessary to prevent serious harm to the individual or other potential victims; or

2. If the individual is unable to agree because of incapacity, a law enforcement or other public official authorized to receive the report represents that the PII for which disclosure is sought is not intended to be used against the individual and that an immediate enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; 

3. When we make a permitted disclosure about a victim of abuse, neglect or domestic violence, we will promptly inform the individual who is the victim that a disclosure has been or will be made, except if:

1. We, in the exercise of professional judgment, believe informing the individual would place the individual at risk of serious harm; or

2. We would be informing a personal representative (such as a family member or friend), and we reasonably believe the personal representative is responsible for the abuse, neglect or other injury, and that informing the personal representative would not be in the best interests of the individual as we determine in the exercise of our professional judgment.

1. To a law enforcement official for a law enforcement purpose (if consistent with applicable law and standards of ethical conduct) under any of these circumstances:

1. In response to a lawful court order, court-ordered warrant, subpoena or summons issued by a judicial officer, or a grand jury subpoena;

2. If the law enforcement official makes a written request for PII that:

1. Is signed by a supervisory official of the law enforcement agency seeking the PII;

1. States that the information is relevant and material to a legitimate law enforcement investigation;

1. Identifies the PII sought;

1. Is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and

1. States that de-identified information could not be used to accomplish the purpose of the disclosure.

1. If we believe in good faith that the PII constitutes evidence of criminal conduct that occurred on our premises;

1. In response to an oral request for the purpose of identifying or locating a suspect, fugitive, material witness or missing person and the PII disclosed consists only of name, address, date of birth, place of birth, social security number and distinguishing physical characteristics; or

1. If:

1. The official is an authorized federal official seeking PII for the provision of protective services to the Participant or other persons authorized by 18 U.S.C. 3056, or to foreign heads of state or other persons authorized by 22 U.S.C. 2709(a)(3), or for the conduct of investigations authorized by 18 U.S.C. 871 and 879 (threats against the Participant and others); and

2. The information requested is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought.

1. To comply with government reporting obligations for HMIS and for oversight of compliance with HMIS requirements.

1. To third parties for the following purposes:

   1. To permit other systems of care to conduct data matches (i.e., to determine if you are also utilizing services from such other systems of care); and

   2. To permit third party research firms and/or evaluators to perform research and evaluation services in connection with the programs administered by the CoC and the other agencies,  provided that before PII is disclosed under this subsection,  the third party that will receive such PII and use it as permitted above must first execute a Data Use & Disclosure Agreement requiring such third party to comply with all applicable laws and regulations, including the privacy standards and disclosure provisions contained in the Department of Housing and Urban Development Homeless Management Information Systems; Data and Technical Standards Final Notice (see 69 Federal Register 45888 (July 30, 2004)), which such standards and provisions are reflected herein.

 

1. Before we make any use or disclosure of your PII that is not described here, we seek your consent first. Uses and disclosures not described above will generally only be made with your written permission, called an “authorization.”  You have the right to revoke an authorization at any time.  If you revoke your authorization we will not make any further uses or disclosures of your health information under that authorization, unless we have already taken an action relying upon the uses or disclosures you have previously authorized. 

 

How We Use and Disclose PHI (Personal Health Information)

1. We use or disclose PHI for activities described in this part of the policy.  We may or may not make any of these uses or disclosures of your PHI.  We assume that you consent to the use or disclosure of your PHI for the purposes described below and for other uses and disclosures that we determine to be compatible with these uses or disclosures:  

 

1. To provide or coordinate services to individuals;

 

1. For functions related to payment or reimbursement for services;

 

1. To create de-identified (anonymous) information;

 

1. When required by law to the extent that use or disclosure complies with and is limited to the requirements of the law;

 

1. To avert a serious threat to health or safety;

 

1. We believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public; and

 

1. The use or disclosure is made to a person reasonably able to prevent or lessen the threat, including the target of the threat.

 

1. Before we make any use or disclosure of your PII or PHI that is not described here, we seek your consent first. Uses and disclosures not described above will generally only be made with your written permission, called an “authorization.” You have the right to revoke an authorization at any time. If you revoke your authorization we will not make any further uses or disclosures of your health information under that authorization, unless we have already taken an action relying upon the uses or disclosures you have previously authorized. 

 

How to Inspect and Correct PII or PHI

You may inspect and have a copy of your PII that we maintain. We will offer to explain any information that you may not understand.

We will consider a request from you for correction of inaccurate or incomplete PII that we maintain about you. If we agree that the information is inaccurate or incomplete, we may delete it or we may choose to mark it as inaccurate or incomplete and to supplement it with additional information.

We may deny your request for inspection or copying of PII or PHI if:

1. The information was compiled in reasonable anticipation of litigation or comparable proceedings;

2. The information is about another individual (other than a health care provider or homeless provider);

3. The information was obtained under a promise of confidentiality (other than a promise from a health care provider or homeless provider) and if the disclosure would reveal the source of the information; or

4. Disclosure of the information would be reasonably likely to endanger the life or physical safety of any individual.

If we deny a request for access or correction, we will explain the reason for the denial. We will also include, as part of the PII that we maintain, documentation of the request and the reason for the denial.

We may reject repeated or harassing requests for access to or correction of PII or PHI.

 

Data Retention

We collect only PII or PHI that is relevant to the purposes for which we plan to use it. To the extent necessary for those purposes, we seek to maintain only PII that is accurate, complete and timely.

We will dispose of PHI or PII not in current use seven years after the information was created or last changed.  As an alternative to disposal, we may choose to remove identifiers from the PII.

We may keep information for a longer period if required to do so by an applicable statute, regulation, contract or other requirement.

 

Complaints and Accountability

We accept and consider questions or complaints about our privacy and security policies and practices. Questions or complaints may be directed to Patrick Harrington at pharrington@housingmattersmn.org 218-444-9038.  

All members of our staff (including employees, volunteers, affiliates, contractors and associates) are required to comply with this privacy policy. Each staff member must receive and acknowledge receipt of a copy of this privacy policy.

In the event that your question or complaint is not sufficiently addressed through this organization, you may take your concerns to MN Department of Human Services. 

 

Mandated Reporting and Duty to Warn

 Housing Matters staff have a legal obligation to implement Duty to Warn procedures when they hear a participant communicate an actual threat of physical violence against a reasonably identifiable victim or victims. Failure to warn may result in liability (civil monetary damages) and/or action on professional license for unprofessional conduct.  Housing Matters will adhere to all federal, state and local regulations on mandated reporting.  See https://www.revisor.mn.gov/statutes/cite/148.975 for more information on MN’s Duty to Warn laws.  

 

Fair Housing Policy 

It is the policy of  Housing Matters to fully comply with all federal, state and local nondiscrimination laws and to be in accordance with the rules and regulations governing fair housing and equal opportunity in housing and employment. Programs must comply with Fair Housing Policy no matter the funding source being utilized to ensure that housing is affordable to persons with extremely low incomes.  

 

Specifically, Housing Matters and its agents shall not deny any family or individual on account of race, color, gender, sexual orientation, religion, creed, national or ethnic origin, age, family or marital status, handicap or disability, the opportunity to apply for or receive assistance under  Housing Matters.

 

Housing Integration

 Housing Matters team members conduct regular outreach with private landlords, building relationships to maximize participant resources.  Housing Matters team members will ensure housing is appropriately integrated with equal rights of tenancy in place. Integrated housing includes: 

• Located in all participant areas

• Scattered in the community – should not look like mini-institutions

• Mixed populations in the building/neighborhood

• Participants participate in community activities

• Integrated into the community with easy access to grocery, bank, public transportation and other essentials for community living

• Natural supports are encouraged 

 

Decent, Safe and Affordable Housing

 Housing Matters staff will make every effort to support housing options that are decent, safe, and affordable. Reasonable rent is considered 30% or less of a participant’s income.  Housing Matters staff will provide options and choices regarding income with the goal of participants not being rent-burdened and dependent on subsidies. These types of options are limited in the communities we serve.  

 

 Housing Matters staff will review the decency and safety of the unit prior to lease agreement being signed, if participant agrees, by completing the HUD’s Housing Quality Standards checklist. Some units will have an inspection completed by the local Housing Authority. If an inspection is complete it will be kept in the participant’s file. Staff assist the tenant in preparing for the annual recertification of the unit. 

 

Request for Reasonable Accommodations

The Fair Housing Act requires landlords to make ‘reasonable accommodations’ as necessary to allow people with disabilities equal opportunity to use and enjoy a dwelling unit. Housing Matters staff will support participants as needed in requesting to get a reasonable accommodation or modification approved. Participants will make this request to the landlord or property manager in writing, when possible. The request will describe the accommodation or modification, and explain the disability-related need for the request. Request may be made at any time during tenancy, including the application process and eviction process. The landlord or property manager is required to respond quickly.  

Non Discrimination Policy

Housing Matters does not discriminate based upon any federal, state or local protected classes of persons. Housing Matters prominently posts the following notice in all office buildings and properties to educate our tenants and service participants on their rights.  Housing Matters posts the below notice prominently on its web site.  Housing Matters also includes a copy of our agency’s Non Discrimination Policy as part of the intake process for all participants and participants sign that they have received and understood the policy.  The policy is included in all agency communications materials over 2 pages in length

The Notice reads as follows:

 

Nondiscrimination Notice

·  Housing Matters does not discriminate based on race, color, national origin, sex, age, or disability.

·  Housing Matters provides reasonable accommodation for people with disabilities in a timely manner and free of charge when they are needed to perform services. Appropriate accommodation includes assistive devices and services, interpreters, and information in alternate formats.

·Housing Matters provides timely language assistance services for people with limited English proficiency (LEP) free of charge when they are needed to perform services. Language assistance services include translated documents and oral language interpretation.

· Ask the staff person you are working with how to obtain accommodation or language assistance services to meet your needs.

· Please contact the program supervisor if you wish to file a complaint about any of the items covered in the nondiscrimination notice.

 

 

 

 

 

· If you wish to file a complaint with the Office for Civil Rights (OCR), in Minnesota, contact the Minnesota Department of Human Rights at 651-539-1100 or 1-800-657-3704 or https://mn.gov/mdhr/about/contact/