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The 192nd General Court of the Commonwealth of Massachusetts

Section 5A: Election procedures for tenants to elect tenant as housing authority member; appointment by board of selectmen

[ Text of section effective until May 14, 2021. For text effective until May 14, 2021, see below.]

  Section 5A. The department shall promulgate regulations establishing election procedures for tenants to elect a tenant as a member of the housing authority in the town and regulations establishing appointment by the board of selectmen of the town, if no election may be held; provided, however, that 1 member of the housing authority board shall be a tenant. The department shall provide regulations creating waiver of this section if federal law requires the town to maintain a tenant member as 1 of the 5 members or if a tenant has been elected under section 5.

Chapter 121B: Section 5A. Waiver of requirement to appoint tenant member to housing authority board

[ Text of section as amended by 2020, 358, Sec. 72 effective May 14, 2021. See 2020, 358, Sec. 103. For text effective until May 14, 2021, see above.]

  Section 5A. 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 and there is no person who is eligible and willing to serve as a tenant member on the board. The waiver shall be for a term of 1 year and may be renewed by the department. A housing authority shall submit a written statement to the department, explaining why a waiver is being requested and documenting the steps that it took to educate tenants about the right of a tenant to serve on a housing authority board; provided, however, that such steps shall include the housing authority meeting with all local tenants' organizations. Before issuing a waiver, the department shall, in addition to reviewing the written statement, make a determination that the housing authority provided notice pursuant to said section 5.

  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 1-year term. The housing authority shall notify any tenants' organizations of the waiver and post a notice of the waiver throughout common areas of the authority.