The tenant advocate will stop bullying of tenants: support H1814
This is the draft text prepared for testimony in support of H1814 before the Joint Committee on the Judiciary
Thank you for your service, Chairs Lydia Edwards and Michael S. Day, and the members, and staff of the Joint Committee on the Judiciary.
I am Jerry Halberstadt, the Coordinator of the Stop Bullying Coalition.
On behalf of the Stop Bullying Coalition, I am pleased to urge passage of H1814, an Act of Senator Joan Lovely and Representative Sally Kerans to create the office of the tenant advocate in the Office of the Attorney General.
The attorney general and HUD fair housing affirm that the housing provider is legally responsible for preventing harassment and assuring the rights of tenants including for peaceful enjoyment.
A major source of bullying is the failure of the housing provider to meet their obligation to assure the right of peaceful enjoyment and protection from bullying, mobbing, and harassment. Housing providers are not subject to effective oversight and accountability for this duty.
This bill fills the gap in protecting the rights of tenants because it will provide oversight over, and accountability for, providers of subsidized and public housing and thus prevent bullying, mobbing (bullying by a group), and harassment.
I was privileged to serve as the only tenant commissioner on the Commission on Bullying in 2017. With the help of tenants, commissioners, and subject experts, I was the lead on extensive research, including a statewide survey. Our 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 key to preventing bullying in housing is to use H1814 to assure accountability for the housing provider.
Today, I advocate for tenants and ask you to pass this important legislation, H1814: An Act to create the office of the tenant advocate in the Office of the Attorney General
I thank Senator Lovely and Representative Kerans for their constant support of our efforts to eliminate bullying from housing.
I am grateful for the ideas and support of the members and partners of our coalition.
Thank you.
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
Jerry Halberstadt, Survey & Qualitative Research 2017-2020
Jerry Halberstadt, Community Support for Respect: Comments prepared for delivery at the November 14, 2024 gathering of the Anti-Hate, Anti-Bias Task Force of Middlesex DA Marian T. Ryan
Halberstadt, Jerry, Sticks, Stones, Gossip & Governance Part 1 of 2
Halberstadt, Jerry, Sticks, Stones, Gossip & Governance Part 2 of 2
Halberstadt, Jerry, Bullying & Democracy At Apple Village
Halberstadt, Jerry, , 2020, Community Norms and Governance of Housing
Commission on Bullying: RESOLVE CREATING A COMMISSION TO STUDY WAYS TO PREVENT BULLYING OF TENANTS IN PUBLIC AND SUBSIDIZED MULTI-FAMILY HOUSING https://malegislature.gov/Laws/SessionLaws/Resolves/2016/Chapter2
“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. https://malegislature.gov/Bills/194/S1007
H1814: An Act to create the office of the tenant advocate in the Office of the Attorney General https://malegislature.gov/Bills/194/H1814
Statement of Janice Harper, bullying and mobbing in group settings. http://stopbullyingcoalition.org/harper-mobbing,
FR–5248–F–02 Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act, Final Rule published in the Federal Register on September 14,2016, CFR Citation: 24 CFR 100, p. 63075
The Attorney General is empowered to act to protect the rights of a victim of bullying and mobbing, including under the authority of MGL c.12 Section c. 12, §§ 11H-J and M.G.L. c. 151B, § 4(4A).2
Tenant Advocate Resources http://stopbullyingcoalition.org/tenant-advocate-resources
Molly Rockett, Private Property Managers, Unchecked: The Failures of Federal Compliance Oversight in Project-Based Section 8 Housing, 134 Harv. L. Rev. F. 286 March 2021