Encouraging the Formation of Local Tenant Organizations Prepared for the 2018 MassNAHRO Conference Massachusetts Union of Public Housing Tenants Massachusetts Law Reform Institute with assistance from the Public Housing Training Program at the Mel King Institute

Purpose of this Session Learn what resident leaders say about how LHAs can “encourage and assist” tenants to form Local Tenant Organizations Hear from LHAs what your feel LHAs can do to “encourage and assist” tenants to form Local Tenant Organizations Two way street

Why is having a Local Tenant Organization valuable to a housing authority? Before we begin we want to quickly hear some examples from you about How LTOs have been helpful to LHAs?

What do the regulations say? “The LHA shall encourage and assist public housing tenants … to form one or more Resident Associations with democratically elected officers to represent the residents in dealing with the LHA on matters which affect their rights, status, duties, welfare, or other interests.” 760 CMR 6.09(2)(a)

What does “shall encourage and assist” mean? Throughout as we go through each slide, please add to the discussion about how you feel LHA can encourage and assist – this is interactive.

Best Practices Here’s What Residents Say The Mel King Institute convened a group of leaders that have gone through its training program and asked them what their experiences have been, when and how have LHA’s encouraged and assisted, and recommendations for how could they encourage and assist. The purpose of this session is to bring you this information and also hear from you what your experiences are. Questions

Tenant Participation Policy Boston Housing Authority developed a Tenant Participation Policy that covered both Federal and State Public Housing Tenants so they could be under one policy

What’s in Tenant Participation Policy General Roles of LTO and BHA Use of BHA Property Inspection of Documents Formation of LTO By-Laws of LTO Funding Election Procedures LTO Participation in Operations BHA Recognition of LTO Resident Advisory Board BHA Assistance to LTO Meetings Providing Information

Elections LHA posted papers in the development including: how to become a Board member, how to get elected, what the nomination process is, a copy of the nomination & election ballot, date of election, names of winners

Elections LHA made copies of all of the nomination and election forms for each resident.

Elections LHA translated all election materials into major languages. HUD’s regulation requires all recipients of federal assistance from HUD to provide meaningful access to people with Limited English Proficiency. Boston translated into 3 languages Quincy translated into 3 languages HUD’s regulation, 24 CFR Part 1, ‘‘Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development— Effectuation of Title VI of the Civil Rights Act of 1964,’’ requires all recipients of federal financial assistance from HUD to provide meaningful access to LEP persons. Print out the HUD guidance https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf

Elections State development helped federal development Residents from one development counted the ballots for an LTO election in another development LHA resident service coordinator for federal development coordinated this

Elections LHAs and LTO election committees can allow residents from other LHAs to witness elections if this has been agreed upon before the election For example BHA’s Tenant Participation Policy states: The Election Committee shall choose an independent third party to observe elections and provide advice as needed. Independent third parties shall be defined as established organizations with relevant experience in overseeing elections, and may include but are not limited to election boards, commissions, community groups, and nonprofit organizations. Upon request by the LTO, the BHA may offer assistance to the Election Committee in choosing an independent third party.

LTO’s Own Meetings LTO is a private entity - it is not like Public Housing Commissioner meetings which are subject to the Open Meeting Law LTO sets agenda LTO invites LHA to LTO meeting One option is that LHA goes first, then LTO has the rest of the meeting with just the LTO LHA should not attend unless invited

Space LHA should assist and not make it difficult to secure a room where the residents can meet to discuss having an LTO 6.09(3)(f) Meeting Space. Whenever possible, the LHA shall make community space or other appropriate space available for LTO meetings. The LHA and LTO shall cooperate in securing meeting space and in scheduling so that LTO meetings may be held at places and times convenient for the residents.

Space LHA should make transparent how residents can secure/get access to meeting space Jack is going to share the DHCD Roger’s memo and Martinez memo that community space is like an extension of living room.

Right to Organize Tenants have a right to organize LHA should not send meritless eviction notices to residents who are attempting to start a LTO It is illegal under state law for any landlord to retaliate against a tenant for starting or joining a tenant group

Fear of Eviction Fear of eviction paralyzes communities and cause tenants to lack the interest in forming LTOs Lack of tenant interest makes it appear that there is push back from residents to form LTOs

How Can LHA Address Fear of Participation? LHA should set up regular quarterly meetings as required by the regulations Whenever an LHA proposes to adopt or amend a rule or policy which affects residents or requests a waiver of a regulation affecting residents, the LHA must first seek the LTO's advice LHA should involve tenants in discussions about modernization and LHA yearly plans 760 CMR 6.09(3)(a) The executive director of the LHA, or a designee with authority to speak for the LHA, shall schedule meetings quarterly at convenient times and places with each LTO or its designee(s) separately or jointly. At least one such meeting shall be for the purpose of considering resident proposals for inclusion in the LHA's Annual Plan pursuant to 760 CMR 4.16: LHA Annual Plans. (3)(g) Consultation between LHA and LTO in Certain Matters. Whenever an LHA proposes to adopt or amend a rule or policy which will affect the rights, status, duties or welfare of residents or to request a waiver of regulatory requirements affecting such rights, status, duties or welfare, the LHA shall first seek the LTO's advice and include the proposal as an agenda item for discussion at a meeting between the LHA and LTO as provided in 760 CMR 6.09(3)(a).

Connect LTOs with Support Involve Mass Union because we can provide technical assistance and help tenants form LTOs Mass Union has a working partnership with MassNAHRO and others

Proactive Message LHA Directors may need to have pro-active conversations with staff, LHA Board Members, and residents and emerging leaders about the value of LTOs

Value of Resident Participation Residents “live where staff work” and know what is happening in their communities Having LTOs benefit LHAs because there is a source they can go to get resident input Residents are a source of information that can make LHA’s difficult jobs easier

Connecting Residents to Support & Information While Tenant Participation Funds can be used to attend conferences, this can eat up the budget Recommend that LHAs provide funds from its operating budget (not LTO funds) for up to two residents who are LTO members to attend Mass Union and MassNAHRO conferences

Connecting Residents to Support & Information Urge LTO leaders and emerging leaders to connect with Mass Union and Mel King Institute’s Public Housing Training Program

What does “shall encourage and assist” mean from your perspective? Throughout as we go through each slide, please add to the discussion about how you feel LHA can encourage and assist – this is interactive.