1. 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

2. 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

3. 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?

4. 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)

5. 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.

6. 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

7. 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

8. 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

9. 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

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

11. 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

12. 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

13. 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.

14. 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

15. 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.

16. 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.

17. 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

18. 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

19. 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).

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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.