Tenant Rights in Massachusetts Public Housing
Guide to Tenant Rights
This guide to tenant rights in Massachusetts public housing distills key information on oversight by the Executive Office of Housing and Livable Communities (EOHLC) and steps for addressing concerns at Local Housing Authorities (LHAs).
LHAs are independent, run by their Board of Commissioners and Executive Director. EOHLC monitors compliance but cannot intervene in daily decisions unless regulations allow (e.g., receivership or state-appointed chief administrator (CAFO) appointment).
Reporting Tenant Conflicts and Safety Issues
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Immediate threats: Call the police or seek a restraining/harassment prevention order through local courts.
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Notify LHA: Report to LHA staff; they assess if lease enforcement is needed.
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Resident disputes: Bring to LHA staff. Request a Grievance Hearing for formal resolution.
Addressing Concerns About LHA Staff Conduct
Follow this escalation process:
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Staff reporting to executive team: Speak directly to the staff member first if resolution seems likely. If not, escalate to the Executive Director.
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Concerns with Executive Director: Address them first if resolution seems possible. If unsuccessful, contact the Board of Commissioners.
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Note: Day-to-day issues (e.g., rent calculations, management) go through the grievance process, not direct Board complaints.
See below: A Note on Reporting Issues to the Board of Commissioners
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EOHLC's Limited Role and When to Contact Them
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EOHLC directs complaints back to the LHA, Executive Director, or Board.
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They provide guidance (e.g., recommending independent investigations or legal counsel) but do not decide actions.
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For serious property conditions: EOHLC may visit sites and involve project/construction staff to check compliance.
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Contact EOHLC for oversight concerns, but expect referral to your LHA.
Key Rights and Protections
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Grievance Hearings: Your right to formally challenge LHA decisions on leases, evictions, or disputes.
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Independent LHA Structure: Boards hire/fire the Executive Director and oversee staff; tenants influence via grievances or Board communication.
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Safety First: Police involvement trumps internal processes for dangers.
Always document concerns in writing.
A Note on Reporting Issues to the Board of Commissioners
The following is our interpretation of EOHLC guidelines.
The Board is responsible for setting policy and overseeing implementation within the constraints of the law.
In a situation where tenants in public housing are subject to bullying, mobbing, and/or harassment, a tenant may ask the housing authority board to take notice and to remedy the situation.
The focus of the Board is on oversight and policy so they are reluctant to respond on the rights of an individual, and many Executive Directors will push back against attempts by the Board to oversee management. However, as the landlord, the Board has a legal obligation to protect the quiet/peaceful enjoyment of each tenant and to protect them from harassment. Bullying, mobbing, and harassment are symptoms of the failure of management that affect many staff and tenants; and therefore should properly be brought to the attention of the Board for investigation and remediation.
Perspective
When serious problems of governance affecting the rights and safety of tenants in the realm of social, cultural, and psychological security are reported to EOHLC by tenants, there is not a history of effective response: investigation, accountability, remediation. EOHLC does not appear to have the responsibility or authority needed to respond to conditions that affect the civil relations among tenants and staff or the use of threats, intimidation, retaliation, mobbing, harassment, or bullying; of if has the duty, it does not use it.
EOHLC Intervention
EOHLC will respond to complaints by tenants or constituents to serious problems affecting the physical plant. EOHLC may respond when employees of the LHA complain about allegations of improper conduct and harassment affecting employees.
When serious concerns about how the management of Northampton Housing Authority were raised by employees of the NHA, EOHLC advised the Board to take steps to protect the housing authority and its residents. EOHLC recommended an independent investigation and suggested that the Board consider placing the Executive Director on administrative leave while the investigation was underway. The Board itself made those decisions. Because the allegations were serious, EOHLC also advised the Board to get legal counsel to make sure the housing authority followed all required legal standards.
Following the intervention by EOHLC, the Executive Director was placed on leave, and the administrative work was carried out by temporary directors. After several months, an agreement was reached between the Executive Director and the NHA, and the Executive Director resigned. NHA is seeking a new Executive Director.
These events have been followed by a surge of tenant-initiated activities. There have been resignations and new appointments to the board of commissioners, and tenant concerns have been heard by the board. There are some continuing issues of mobbing and aggression that have not yet been addressed.
While the intervention by EOHLC has enabled some positive changes that benefit tenants, tenants were unable to initiate the intervention. That is a weak point in the system of governance.
Each local housing authority is the landlord and has state and Federal obligations to protect all tenants from harassment/hostile environment harassment when the right of a tenant to quiet/peaceful enjoyment is impacted.
“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.”—Office of the Attorney General Advisory. Either the aggrieved tenant or the Attorney General can file a civil case. Most tenants in housing cannot afford a legal action, and have great difficulty finding an attorney willing to do a housing case, and the Attorney General rarely, if ever, intervenes.
The final rule on hostile environment harassment under the Fair Housing Act covers the rights of members of protected classes. Complaints can be filed with HUD or the state commission, MCAD; usually, complaints to HUD are sent to MCAD. At present it is not clear if HUD will intervene. MCAD deals with alleged violations of civil rights; the Commonwealth has an expanded set of protected classes. MCAD has a backlog of cases and their procedures are reported to be difficult without the assistance of an attorney.
When a local housing authority fails in their legal responsibility to protect tenants from harassment and assure their right of quiet / peaceful enjoyment, EOHLC does not intervene, and may not have the authority or resources to act, so far as we know.
The need for some form of accountability and intervention is clear. In a statewide survey of bullying done in 2017 by the Commission on Bullying, almost half of respondents (most respondents were tenants in public and subsidized housing) reported experiencing or observing bullying in their housing. Because of the fear of retaliation, many did not seek relief. Of those few who did seek relief, only a small percentage reported receiving a remedy or relief.
Janice Harper, PhD. showed in “Bullying and Mobbing in Group Settings” that mobbing is motivated by the struggle to keep leadership and control, can involve the whole community, and she has asserted it is dangerous for a target of mobbing to take any action to seek protection because the harassment would only get more intense.
Mobbing is an equal opportunity form of harassment, not limited to civil rights categories, and uses any real or alleged difference to justify harassment of a target.
How to improve the governance of public housing?
The Stop Bullying Coalition has supported a bill to create an office of the tenant advocate; the bill would focus on situations of hostile environment harassment and create procedures for investigation, intervention, and accountability for the landlord or board.
Absent such a new office, can EOHLC introduce regulations along the same lines? The proposal would be supported by existing law, and an administrative remedy might be sufficient to address harassment in local housing authorities. The benefits would include improved governance, the restoration of tenants' rights, and significant improvements in the social and mental health of the community. The text and supporting materials of the proposed legislation could be a guide to new regulations.
Rights under Fair Housing Law
For a detailed presentation of Fair Housing rights, see:
https://drive.google.com/file/d/1fh7XxS-VON4S1h0aTPiuwspaXSrlzDvv/view