To stop bullying of elderly and disabled residents
Testimony on S1007, An Act to prevent and respond to bullying of elderly and disabled residents prepared for the Joint Committee on Housing
On behalf of the Stop Bullying Coalition, I am pleased to urge passage of S1007 of Senator Lovely and H1525 of Representative Honan because it can enable housing providers to create a safer, more supportive community setting and thus help to reduce bullying in housing.
This bill should be enhanced and strengthened to provide oversight over, and accountability for, providers of subsidized and public housing.
A major source of bullying and harassment is the failure of the housing provider to meet their legal obligation to prevent harassment. The resources of S1007 may not suffice to motivate all housing providers, therefore it is essential to provide oversight and enforcement over them to complement and fully realize the benefits of S1007.
Today, it is difficult or impossible for a tenant to enforce their right of peaceful enjoyment and protection from bullying, mobbing, and harassment.
Therefore, we need to provide oversight and enforcement to assure that housing providers, including private landlords and the boards of public housing, will prevent and remedy bullying and harassment and thus assure the right of peaceful enjoyment to all tenants.
The 2016 Act creating the Commission on Bullying stated that
[t]his research shall be used to identify and develop best practices; raise public awareness; and propose public policy recommendations and legislation necessary to protect tenants from harm and preserve their rights.—Resolves of 2016, Chapter 2
With the help of tenants, commissioners, and subject experts, I was the lead on extensive research, including a statewide survey while serving as commissioner on the Commission on Bullying in 2017.
Research showed that many of the respondents lived in developments with multiple examples of bullying, mobbing, and harassment. Very few got relief. The root problem is the lack of effective intervention by the housing provider.
The Chair of the Commission prevented me from making an official minority report to bring attention to these findings and the need for oversight because,
“We don’t want you to advocate for tenants.”
Creating the office of the tenant advocate within the Office of the Attorney General will assure accountability to protect the rights of tenants.
Today, I advocate for tenants and ask you to amend and to pass this important legislation, S.1007: An Act to prevent and respond to bullying of elderly and disabled residents.
Resources
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
Commission on Bullying: RESOLVE CREATING A COMMISSION TO STUDY WAYS TO PREVENT BULLYING OF TENANTS IN PUBLIC AND SUBSIDIZED MULTI-FAMILY HOUSING
“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”
S.1007: An Act to prevent and respond to bullying of elderly and disabled residents.
H1814: An Act to create the office of the tenant advocate in the Office of the Attorney General
Summary S1007 provided courtesy of Senator Lovely
SENATE BILL 1007: An Act to prevent and respond to bullying of elderly and disabled residents
SPONSOR: Senator Joan B. Lovely
LEGISLATIVE HISTORY: N/A
COMPANION BILL: H.1525 (Representative Kevin G. Honan)
EXISTING LAWS AFFECTED: Ch. 121B §61
PROPOSED LEGISLATION:
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Adds a new Section 61 to GL Chapter 121B (Housing and Urban Renewal) to prohibit bullying of elder residents of housing developments subsidized by the state or federal government;
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defines the practices considered as bullying and cyberbullying;
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directs the Public Safety Division of the Attorney General's office to consult with other agencies and develop a model plan and curriculum for preventing bullying of elders;
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requires each residential community to develop and implement its own plan to address bullying and lists the components that must be included in the plan;
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requires staff at said residential communities to undergo ongoing professional development related to bullying prevention and remediation.