Sticks, Stones, Gossip & Governance Part 2 of 2
In some housing authorities, the governance system is in turmoil. How can we remedy the breakdown in trust that affects everyone: tenants, the board, the executive director, the staff, and even the public? Can we find a way to create a more collaborative, transparent community and to value constructive input from everyone? This is Part 2; see Part 1
Under HUD Fair Housing Law, hostile environment harassment infringes on the rights of tenants and the housing provider is responsible for preventing such harassment. Under Massachusetts law, harassment that infringes on the rights of tenants is unlawful and it is the responsibility of the housing provider to prevent it.
“Bullying” consists of any mode of communication to hurt and demean the target or victim.
“Mobbing” consists of a group or community harassing and bullying a victim through cooperative or aggressive behavior, including in order to get them to leave their residence.
“Hostile environment harassment” is unwelcome conduct creating a situation that makes it difficult or impossible for victims to have the peaceful enjoyment of their residency.
“Oldtown” is a small city in the Connecticut River Valley in Western Massachusetts. “Beatrice,” a Black, energetic middle-age woman who is a tenant in “Oldtown Housing Authority (OHA),” is the target of mobbing, including by tenants and staff calling her a bully (although there is no apparent basis for the allegation). She is the tenant commissioner of the OHA board, appointed by the mayor of Oldtown. The legal housing provider in public housing consists of five commissioners, one of whom is a tenant.
Beatrice seeks a thorough objective investigation of the actions of the executive director and the housing authority; and appropriate intervention to prevent any further harassment, the restoration of her rights as a tenant and commissioner, and such sanctions and training that will prevent further hostile environment harassment.
Based on reports from tenants, including specific complaints by Beatrice, reports from tenants, and observation of public meetings of the “Oldtown Housing Authority (OHA),” there appears to be a situation of hostile environment harassment that limits Beatrice from the exercise of her right to peaceful enjoyment as a tenant and her ability to fulfill her role as commissioner.
Racial prejudice
Beatrice has been targeted by racial slurs. The racial animus was displayed publicly by someone marking a bench with the “n-word” and also calling out Beatrice by name in the graffiti. This happened the day after a news report featuring Beatrice complaining that management had failed to educate and advise tenants about an infestation of bedbugs. Although the graffiti has been scraped off, some of the markings still show, causing continuing reminders of the hostile environment.
In a recent incident, Beatrice was awakened by a tenant in his apartment above her screaming and moaning racial epithets in the middle of the night and this continued for several days. Neighbors have complained that this ‘Moaning Man’ has been doing this for months.
Commissioners fail in oversight over the executive director
As a commissioner on the board of the housing authority, Beatrice is frustrated by her inability to carry out her oversight responsibilities. She is unable to obtain reports and information from the executive director. The other board members have not supported her requests to create an agenda item.
Although the board is charged with oversight over the executive director, the executive director exerts significant influence and even control over the board. During Beatrice’s first month on the OHA board, Jennifer, the executive director telephoned her requesting ‘assurance’ from her to vote for the ED’s choice for chairperson of the board. As Beatrice refused to ‘go along to get along,’ she has not been respected as an equal by her fellow board commissioners for four years.
A few months after Beatrice was appointed by the mayor to be the tenant commissioner on the OHA board, she created a survey about life and conditions for tenants at the OHA. Jennifer, the executive director, went to the mayor and sought to have Beatrice removed from her position as commissioner because of the survey.
Jennifer has told some of the commissioners that one of them (not Beatrice) had been evicted from the OSA as a way to undermine that commissioner’s standing; the allegation was false.
There are allegations that subcontractors had been fired for having sex with tenants. If there was a "deal" for the sex, such as better service in exchange for sex, then it is quid pro quo (this for that) harassment under the Fair Housing Law, and the housing provider is responsible.
Gossip, mobbing, and harassment
The executive director, “Jennifer,” inappropriately shares information about tenants with other tenants. Jennifer tells tenants that Beatrice hates her, that Beatrice is a bully, and is ‘trying to get her fired.’ Despite several mediation efforts, Jennifer has continued this practice that has the effect of rallying tenants to support Jennifer and to attack Beatrice. This is mobbing, a method used here to enhance the power of the executive director by mobilizing tenants against Beatrice, a commissioner whose role includes directing and overseeing Jennifer, the executive director.
Jennifer has been observed laughing about disrespect and humiliation of a tenant, instead of intervening.
Disrespect and harassment in board meetings
A tenant from another public housing authority was critical of the way the OHA chair related to Beatrice :
“[I experienced] shock at the level of condescension so clearly expressed by [the Chair of the OHA] towards commissioner Beatrice. I’d encourage [the Chair] and others to re-watch some of these meetings. You won’t get far into the videos before seeing passive aggressive remarks made of Beatrice ’s statements, questions, and concerns. Is the intent to demean her in public meetings by commenting on how she “doesn’t understand” when she notes valid concerns (such as the inconsistencies in the meeting notices/agendas)? Is the intent to discourage asking questions?
In the public comment period of a recent meeting of the OHA board, a leader of a tenant association alleged that some hateful people were bullies, and that hate does not solve problems. He asserted that people need to work together with the ED and the board for our health, safety, and quality of life.
A tenant claimed that the ED takes on too much work and should instead work with people, not against them; that the ED should not expect that things are always done her way.
A tenant spoke about the bad impact of bullying on mental health, that it is a form of mental torture, and that people from the board are also doing it.
A staff person complained that managers are subject to hateful bullying and that staff works very hard and should not have to waste time dealing with complaints of bullying and petty issues between tenants. The staff person complained that it is hard to deal with bullying and passive aggression and that they experience it even in board meetings. The staff person claims that the tenants who bully are recruiting other tenants against management.
Conclusion
It seems that when tenants are critical of management, some tenants and staff consider it to be disruptive and call it bullying. The governance of the OHA is in turmoil, with ongoing accusations and conflict, and a lack of trust. The board seems unable or unwilling to address their duty of oversight.
Regardless of the underlying motivations—racial prejudice or the low social status of tenants or competition for power and control—the situation of a person who is a target of mobbing is a constant source of frustration and stress. Is this not "hostile environment harassment?"
When the housing provider, in this situation, the OSA board of commissioners, fails in their duty of oversight, and when the executive director does not respect professional boundaries, we must have an investigation and such interventions that will restore the rights of tenants, put a stop to mobbing and harassment, and assure the proper functioning of the board.
Resources
Janice Harper, PhD, Bullying and Mobbing in Group Settings; a statement presented to the Massachusetts Commission on Bullying, 7 August 2017. http://stopbullyingcoalition.org/harper-mobbing
“Office of the Attorney General Advisory: The failure of management and the landlord to assure peaceful enjoyment for all tenants is unlawful, according to the Attorney General of the Commonwealth of Massachusetts.” tinyurl.com/2e4fspb4
FR–5248–F–02 Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act, Final Rule published in the Federal Register on September 14, 2016, CFR Citation: 24 CFR 100, p. 63075 tinyurl.com/y4vkvhs9 “A Rule by the Housing and Urban Development Department”
Molly Rockett, Private Property Managers, Unchecked: The Failures of Federal Compliance Oversight in Project-Based Section 8 Housing, 134 Harv. L. Rev. F. 286 March 2021 https://harvardlawreview.org/forum/vol-134/private-property-managers-un…
Duffy, Maureen and Len Sperry, Mobbing: Causes, Consequences, and Solutions, (New York: Oxford University Press, 2012).
Duffy, Maureen and Len Sperry, Overcoming Mobbing: A Recovery Guide for Workplace Aggression and Bullying, (New York:Oxford University Press, 2013).
Office of the Tenant Advocate A bill presented by Senator Joan Lovely and Representative Sally Kerans and others; H3868, is modeled on the carefully drafted Fair Housing Law rule on hostile environment harassment. H3868 provides protection for all tenants in multifamily subsidized and public housing without limitation to members of a protected class.
Halberstadt, Jerry, Sticks, Stones, Gossip & Governance Part 1 of 2
Halberstadt, Jerry, Sticks, Stones, Gossip & Governance Part 2 of 2
Halberstadt, Jerry, Bullying & Democracy At Apple Village
Halberstadt, Jerry, Community Norms and Governance of Housing, 2020
Jerry Halberstadt and Marvin So, Statewide Survey on Bullying of Tenants in Public and Subsidized Multifamily Housing: Report of the Committee for Research on Conditions and Prevalence of the Commission on Bullying.