HOUSE DOCKET, NO. 3781        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1291

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kevin G. Honan and Joseph A. Boncore

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to local housing authority board member elections.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kevin G. Honan

17th Suffolk

1/18/2019

Joseph A. Boncore

First Suffolk and Middlesex

1/18/2019

Peter Capano

11th Essex

2/1/2019

Harriette L. Chandler

First Worcester

2/1/2019

Mike Connolly

26th Middlesex

1/28/2019

Julian Cyr

Cape and Islands

2/1/2019

Marjorie C. Decker

25th Middlesex

1/31/2019

Viriato M. deMacedo

Plymouth and Barnstable

1/29/2019

Sal N. DiDomenico

Middlesex and Suffolk

1/30/2019

Diana DiZoglio

First Essex

1/31/2019

James B. Eldridge

Middlesex and Worcester

1/30/2019

Nika C. Elugardo

15th Suffolk

2/2/2019

William C. Galvin

6th Norfolk

1/31/2019

Colleen M. Garry

36th Middlesex

1/31/2019

Susan Williams Gifford

2nd Plymouth

1/29/2019

Carlos González

10th Hampden

2/1/2019

Kenneth I. Gordon

21st Middlesex

1/29/2019

Danielle W. Gregoire

4th Middlesex

1/30/2019

Jonathan Hecht

29th Middlesex

1/31/2019

Natalie M. Higgins

4th Worcester

1/29/2019

Daniel J. Hunt

13th Suffolk

1/30/2019

Patrick Joseph Kearney

4th Plymouth

1/31/2019

Mary S. Keefe

15th Worcester

1/31/2019

Kay Khan

11th Middlesex

1/29/2019

David Henry Argosky LeBoeuf

17th Worcester

1/31/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Elizabeth A. Malia

11th Suffolk

2/1/2019

Joseph W. McGonagle, Jr.

28th Middlesex

1/29/2019

Paul McMurtry

11th Norfolk

1/30/2019

Elizabeth A. Poirier

14th Bristol

1/30/2019

David M. Rogers

24th Middlesex

1/31/2019

Tommy Vitolo

15th Norfolk

1/29/2019


HOUSE DOCKET, NO. 3781        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1291

By Representative Honan of Boston and Senator Boncore, a joint petition (accompanied by bill, House, No. 1291) of Kevin G. Honan, Joseph A. Boncore and others relative to elections of local housing authority board members.  Housing.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to local housing authority board member elections.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1

Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking the definition of “Tenant Member” and inserting in its place the following: -

A member of the board of the housing authority who shall be one of the following (a) a tenant who has signed a lease for a public housing unit owned and operated by the housing authority, (b) a tenant in a public housing unit owned and operated on behalf of a housing authority, (c) a participant in a rental assistance program administered by the housing authority, or (d) is an adult over the age of 18 years old authorized to reside in the unit of either (a),(b) or (c).

SECTION 2

Section 5 of Chapter 121B is hereby amended by inserting after the second paragraph the following new paragraph: -

In a town, four members of a redevelopment authority that is not a housing authority shall be elected by the town; provided, that of the members originally elected at an annual town meeting, the one receiving the highest number of votes shall serve for five years, the one receiving the next highest number of votes, for four years, the one receiving the next highest number of votes, for two years, and the one receiving the next highest number for one year; provided that upon the initial organization of a redevelopment authority that is not a housing authority, if a town so votes at an annual or special town meeting called for the purpose, four members of such an authority shall be appointed forthwith by the selectmen to serve only until the qualification of their successors, who shall be elected at the next annual town meeting as provided above.

SECTION 3

Section 5 of Chapter 121B is hereby amended by striking the third paragraph and inserting in place thereof the following two paragraphs:

Notwithstanding Section 20 of Chapter 43B or any other general or special law to the contrary, in a town, one member of a housing authority shall be a tenant member appointed by the town and 3 members shall be elected by the town; provided, that of the members originally elected at an annual town meeting, the one receiving the highest number of votes shall serve for five years, the one receiving the next highest number of votes, for four years and the one receiving the next highest number of votes, for two years; provided, that in order to reduce the number of elected members from 4 to 3 where there are 4 elected members on the effective date of this legislation, the seat that has expired or the next seat to expire or become vacant shall be filled by the appointed tenant member unless a waiver allowing the appointment of a person who is not eligible to be a tenant member has been granted by the department pursuant to Section 5A of Chapter 121B; and provided, that upon the initial organization of a housing authority if a town so votes at an annual or special town meeting called for the purpose, three members of such an authority shall be appointed forthwith by the selectmen to serve only until the qualification of their successors, who shall be elected at the next annual town meeting as provided above.

Within 90 days of the effective date of this act, a tenant where applicable, shall be appointed by the town from lists of names submitted by any duly recognized tenants' organization in the town. A tenants' organization may submit a list which contains not less than two nor more than five names to the town who shall make their selection from among the names so submitted; provided that if there is no tenants’ organization the housing authority shall immediately post notices throughout common areas of the authority and provide each household with notice alerting tenants of the opportunity to be appointed to the housing authority board and to submit their name within thirty days to the town clerk. Such notice shall include contact information for the town clerk and for independent technical training programs available pursuant to Section 5B of Chapter 121B. The town shall appoint the tenant member from this list, provided that where federal law requires the town to maintain a member who is a federally subsidized tenant, such federally subsidized tenant shall be given preference for the appointment. In the event there are no public housing units that are owned and operated by the local housing authority and no such units are owned and operated on behalf of the local housing authority, the town shall appoint any person meeting the eligibility requirements of “tenant member” as defined in Section 1 of Chapter 121B. If no list of names is submitted within sixty days after a vacancy occurs, the town shall appoint any tenant of their choosing to the authority. The town shall notify in writing tenant organizations as specified herein not less than ninety days prior to the expiration of the term of a tenant member. Whenever a vacancy occurs in the term of a tenant member for any reason other than the expiration of a term, the town shall notify in writing the tenant organizations specified herein within ten working days after the vacancy occurs. The town shall make an appointment within a reasonable time after the expiration of sixty days after said notice.

SECTION 4

Section 5A of Chapter 121B of the General Laws, as added by Chapter 235 of the Acts of 2014, is hereby amended by striking said section and inserting in place thereof the following paragraphs:-

Section 5A: Waivers by the department

On the effective date of this legislation, a housing authority may request a waiver of the requirement to appoint a tenant member to a housing authority board if a person who is eligible to be a tenant member under the definition in Section 1 of this chapter is currently serving as either an elected member or a member appointed to fill a vacancy by the town under Section 5 of Chapter 121B. The waiver shall be for one year and may be renewed for successive one-year periods until the expiration of such member’s current term or such member vacates the seat upon which the town shall appoint a tenant member pursuant to Section 5 of Chapter 121B.

A housing authority may request a waiver of the requirement to appoint a tenant member to a housing authority board if the department determines that a housing authority provided notice pursuant to Section 5 of Chapter 121B and there is no person who is eligible and willing to be a tenant member on the board. The waiver shall be for one year and may be renewed by the department. A housing authority shall submit a written statement to the department about why a waiver is needed and document the steps it took to educate tenants about the right of a tenant to serve on a housing authority board; such steps must include the housing authority meeting with the local tenant organization. Prior to issuing a waiver the department must, in addition to reviewing the written statement,determine that the housing authority provided notice pursuant to Section 5 of Chapter 121B.

If the department grants a waiver, it shall notify the housing authority and the town that a person other than a person who is eligible to be a tenant member may be appointed to the tenant member seat on the board for a one-year period. The housing authority must notify tenant organizations of this waiver and post the waiver throughout common areas of the authority.

SECTION 5

Any votes taken by a housing authority or town between August 6, 2014 and the effective date of this legislation are hereby validated, confirmed and ratified in all respects, notwithstanding the number of elected members.