‘The Commonwealth of Massachusetts Executive Office of Health and Human Services One Ashburton Place, 11" Floor Boston, Massachusetts 02108 cua 9, mace ‘ex t617 573-1600 me Faster 751802 ome ‘rewsmann gon coe January 3, 2018 Steven T. James Clerk of the House of Representatives William F. Welch Clerk of the Senate Dear Clerks, Pursuant to Chapter 2 ofthe Resolves of 2016, and on behalf of Secretary Marylou Sudders, Executive Office of Health and Human Services, | am pleased to submit the Final Report of The ‘Commission to Study Ways to Prevent Bullying of Tenants in Public and Subsidized Multi-Family Housing This Report contains the results ofthe Commissions’ investigation, deliberations, 2s well a final recommendations and proposed legislation. spect xe Rw Cnn Toro hapten, Commins Ways revnt uly of ena in Pula subsea lami Hong Designee, Secretary of Health and Human Services Executive Director, Interagency Council on Housing and Homelessness (CC: Commission MembersREPORT OF THE COMMISSION TO STUDY WAYS TO PREVENT BULLYING OF TENANTS IN PUBLIC AND SUBSIDIZED MULTI-FAMILY HOUSING Legal authority: Chopter 2 ofthe Resolves of 2016 Commonwealth of Massachusetts January 2017‘Table of contents (2) Executive Summary (2) Commission Charge (2) commission Membership (4) Commission Meeting Schedule ad Commission Workgroups (6) ove (6) Review of Previous Actionsto Address view of Bullying in Public Housing and Subsidized Multi-Family Housing (2) Commission charges: 1 2 6) Investigate and study the prevelence and impact ofthe bullying of tenants wit «focus on elderly ond dlsabled tenant, in pubic and subsidized mult-farly housing Identify the condltions that give rise to and cause bullying ‘Reseorchcuccessful methods for preventing bullying n other contexts (e.g schools, nursing ‘homes, esisted living faites, the workplace and housing) Idenifcetion and publish “best practices” aise public awareness on the issue of bullying of tenants, with o focus on elderly ond disabled tenants Propose public poley recommendations and legislation necessary to protect tenants from hhorm and preserve thei rights Public Meetings on Bullving (9) Appendix 4. uw v. vw vn, vt WW x x wt Survey of Buying of Tenant in Public and Subsidized Multi-Family Housing (separate Report Attachment) ‘Commission Enabling Legislation included) Sources of Buying in leak House—Summary(inctuded) rarypes of Healthy Communit included) Statutes that. provide legal options for persons experiencing bullying in housing {included} Distaibution Uist Fr Bullying Information (included) ‘Community Outreach Fyer on Bullying (separate Report Attachment) Definitions inluded) ‘Consultants and Contributing Partners of the Bullying Commission (inckided) Proposed Legislation (separate Report attachment) Listening Sessions Flyer (separate Report Attachment) Bibliography (included) opr the comin a Sty Was Prev Bulg of Tnans in Pubcon Suid MutFomip HowsFrom May through December 2017, the Commission to Study Ways to Prevent Bullying of Tenants in Public and Subsidized Mult-Family Housing (‘the Commission’) studed the prevalence and impact of ‘the bullying of tenants, with a focus on elderly and disabled tenants, in public and subsidized multi- family (PSMF) housing to produce this Report. The Commission sought to develop public poy ‘ecommenéations to establich a heathy community where: 1) housing providers, housing management, land everyone living inthe residential community are aware ofthe laws regarding bullying, 2) there Is ‘appropriate application of existing enforcement mechanisms, and 3) the necessary taining and ‘community residential resources ae avaliable to Support the creation ofa respectful ~bullying-ree — residential community. ‘While the Commission's investigation found many tenants have experienced bulvng or have witnessed bulying in their community, the Commission also identified a number of existing laws and ‘administrative protections that are avaliable. One major finding of the Commission is the need to increase the awareness of these laws and administrative protections among both management and residents, as well s seek to make current avenues for addressing bullying complaints more effective and accessible to residents. ‘This report represents the fst comprehensive statewide report on buying and social conditions in public and substind housing in any state. A major element to why this ceport is more comprehensive than previous reports was Commission’ reseaeh Into the prevalence of bullying in PSMF housing through the deployment of a survey competed by over 600 residents and management staf across the entice state of Massachusetts. The survey respondents provided their experience of bullying representing adverse set of perspectives, to provide the Commission a view into the world of bullying. Tis report not only Menties the primary factors that can lead to the presence of bullying, it also ‘denies the factors — hen absent from a residential community ~ that can allow bullying to become part of community. While the Cornmission found that bullying can depend on the capacity of federal and State regulatory agences, the Commision also recognized that bul¥ing can be enabled by the culture and socal norms ofthe community. Therefore, the presence of bulying is dependent on oversight and ‘enforcement, a wells, the availability and promotion af activities which promote a sense of ely and tolerance inthe community. Resolving bulling in PSMF housing requles engaging all the members of the housing community — landlord, management, staf helping professionals, and residents. Freedom from bullying requires that all work together to stop bullying and bulld a healthy residential community. Bullying has been a dificult issue to address, since much of the evidence within the Commonwealth has been anecdotal to- Gate, ts prevalence wre characteris ere awed tn subjective ctrl and no one agency i charged ‘wth monitoring bullying activites in the Commonwealth. For the fist time, the Commonwealth had a forum though the Commission to bring tagether all the members ofthe housing community to develop ‘comprehensive perspective, common goals, and effective solutions. ‘This report represents several significant achievements in investigating this important topic and veloping recommendations that were only possible through cooperation among Commissioners, agency staf, subject matter experts, housing management and tenants. ‘epot th amin to Sey Way t Pravet ying of antl ube and Subse Mut FOmyRowsing‘The Commission was charged with investigating and studying the prevalence and impact ofthe bullying ‘of tenants, with a focus on elderly and disabled tenants, in public and subsidized multi-family housing [According t the authorizing language, the Commissioa’s investigation and study was to include, but not be limited to, identifying the conditions that ge rise to and cause bullying and researching successful ‘methods for preventing bullying in other contexts, including but not mite to schools, nursing homes, sited tng facies, the workplace and housing. Ths research was used to support the Commissions’ Teview, deliberation and, ukimately, help Identify and develop best practices; rlse public awareness; and propose public poley recommendations and legislation necessary to protect tenants from harm and preserve ther rights ‘The authorizing language of the Commission required that the following individuals be included: individuals with experience and knowledge of bulvng in PSM housing, including tenants who have been victimized by bullying; managers who coordinate resident services industry professionals and stakeholders; and individuals who have direct experience with bullying prevention. In addition, the Commission was requiced to hold public meetings in various locations throughout the ‘Commonwealth in recognition ofthe dificult some incivduals may have in traveling long distances to attend Commission meetings. Finaly the authorizing language stated thatthe Commission shall report to the general court the results oF its investigation and study and it recommendations, if any, together with drafts of legislation necessary to cary Is recommendations into effet. This report summarlaes the actives of the Commission including its efforts to: 11 Investigate ond study the prevalence ond impact ofthe bullying of tenants, with a focus on ‘elderly and csobled tenants, in pubic and subsidized mult-famly housing 2. Identify the conltions that give se to and couse bullying 2. Research successful methods for preventing bullying in other contexts (ey schools, nursing homes, esisted living fits, the workplace and housing) 4. Identify ond publish "bes practices” 5. Raise public awareness on the issue of bullying of tenants, witha fcus on eldery and disabled 6 Propoze public poly recommendations and legislation necessory to protect tenants from harm ‘and preserve thee rights ‘The authorizing language requred that this Commission report to the general court the results of its investigation and study and its recommendations, no later than December 31,2037. Reporte Conmsin to Stay Wate Prevent ulna of Tenants in Publican Subsled MutiFamtyHowrg3. Commssion MewoEnSH Secretary of Health and Huan Seis oF Dsigne (Chait) Una Torto* exoflo ‘torey General or Desgnee® Matthew berg | Exotic “ocr Fer fos or Destneat Dale th xofclo Undersecretary of Pousg and ommiity DIODE | caemne nga” | Exotic Designee” Commissioner of Mental Heath or Desiree -ozeph vay” exotica Senate Cha ofthe Jot Commitee on Howing or Desiree | Lyla Lowe legiltre out Chair of he ont Commitee onHowing or Desenee| Sean Temey vege Set re CORES EATS i =e He TRESS TETAS sg vcpuowre Ses Ca oe RECON OTHENTFE ao vcore Hara tht omen on NTTTind [Conn DSL ea House Minority Leader Apoltee Gloria Lene Legotre Senate Minority Leader Appointee on couture legitre Re fig oe sane ro AT Toataems |ommn! feof oe ie PORE webinar ame fe feng ee HE ‘one won cowmor et aa NE Michael kane coverar ce an ™ Designee Aeportf te Commision o Std Ws 0 Preven Bling of Tarts In Pubcand Subsied MutFomy Howing‘Conassion METI SeHEOULE& Conmnsion WORKGROUPS ‘The Commission met thee tines between May and December 2017. All meetings were open tothe public with notices posted in advance on the EOHHS Olmstead Planning Commitee web page, which ‘an be found here: Co 10 Prevent Bully In the Commision’s three meetings, Commission members heard from multiple organizations and stakeholders egarding addressing the Commission's charges. 4 “Inthe frst meeting held on May 25,2017, the Commission ceviewed the charge of commission, the meeting and report timetable, and background on previous legislation and impact to-date. ‘The Commission then engaged ina structured discussion of member expectations and insight regarding bullying of tenants, with @ focus on elderly and elsabled tenants. Finally, the ‘Commission ended the meeting with a review of the stakeholder engagement plan with Impacted individuals across the Commonweath 2. Inthe second meeting held on October 4, 2017, the Commission reviewed existing community ‘outreach efforts conducted by the Attorney General's Office (presenters: Marcony Almeida- Barros and Matthew Berge). The Commision also recelved an update from the two workgroups 8. ‘The “Prevalence and Conditions” workgroup shared research and updates on survey Aistribution and data collection (Presenters: Jerry Halberstadt and Laura Taylor) b, ‘The “Best Practices” workgroup lscussed proposed legislation. (Presenters: Robin Kraweryk and Michael Kane} Lastly, the Commission reviewed the approach in drafting ofthe report, including establishing ‘imeline and assigning task to members. | In the third meeting held on December 4, 2017, the Commission reviewed a final draft of the Bullying Commission report, as well as reviewed the survey rests and findings. Chairwoman “orto requested feedback from Commission members by December 14,2017, 4. Inthe fourth held on December 22,2017, the Commission convene forts fnal meeting to vote fon the formal report and the proposed legislation. The quorum was met, with twelve ‘Commission members present. The formal report was approved with eleven members voting In favor and one member abstaining. The proposed legislation receved three votes in favor and rine members abstained. See the Appendic forthe vote breakdown, conde to naxinsee Connsission member subject matter expertise and experience, Chairwoman Torts established three workgroups: Community Outreach, Prevalence and Conditions and est Practices. Workgroups included not only Commission members but other stakeholders and agencies with experience and expertise In the subject matter. All thee workgroups met on multiple occasions in between formal Cammission meetings. 1. Community Outreach Workgroup Coordinators: Matthew Berge and Katy Laveriere ‘Community Outreach Workgroup Contributors: Laura Tayler, David Eng, 408 Valley, Robin Kraweryk, and Jery Halberstadt repr oth Commision tty Way Pevnt vy of oan in ublcond Sables Muth FomlyHowing2. Prevalence ané Conditions Workgroup Coordinators: \inn Torto, Jey Halberstadt, Laura Taylor, and David Eng Prevalence and Conditions Workgroup Contributors: Catherine Mingoya, Chrystal Kornegay, Emily Cooper, Micha! Kelleher an Vivian Pham 12. Best Practices Workgroup Coordinators: Michael Kane and Robin Krawczyk Best Practices Workgroup Contributors: Vale Mitehel en Spring, David Eng, Unds MeMaia, Jennifer Kadilok, Benjamin R. Gold, Matthew Baronas, Gloria Leipzig, Debble Pitch, Catherine Downing, Jonathan Gale, and Jerry Haberstadt ‘Overview oF Bultic o PuBLC ano Svasono MULT-FaNatY HOUSSIG Public and subsidized multi-family (PSMF) housing brings together unrelated people from diverse social and cultural backgrounds, unified only by their incomes and ther need for safe and affordable housing Some PSMIF housing may be only for elderly households wile others may mix elderly individuals {some ‘of wham may be elzabled) with younger persons who are aso living with a variety of disabilities. ‘Bullying can occur in bth elderly only as well as elderly and disabled PSMF housing. n the absence of a socal compact—an agreed set of rues, procedures, and customs for living together and resolving isputes—bullyng can emerge and spread if nat adequately addressed with appropriate interventions. Bullying is the intentional, repeated attempt by one or more persons to impose wrongful lacking the appropriate role or authority, harmful cantrol over one or more ather persons. Bullying tacts Include gossip and actions that demean, disrespect, and devalue the other, and can include disrupting the tin’ socal relations, excluding them from Joining activites, and even lead to shunning and isolation. Bullying can occur due to someone's disability or membership ina particular group, such as race color, religion, national origin, ancestry, sex, gender identty, age, sexual orientation, martal status, chile, past involvement io a discrimination complaint, veteran status, or status 35 a recipient of public assistance ‘The problems observed in some PSMF housing developments stem in part from inconsistencies of incision of residents Inthe governance ofthe facility, as wel as differing management polices, staffing actices, and oversight and limited acces to forall residents In need of services. Its important to note. that (2) liferent forms of public and assisted housing are subject to diferent legal requirements regarding the formal coe for residents in local housing authority (LHA) governance a in patcpation of leghimate resident organizations in privately-owned, government assisted housing, (2) management politics ere alu wubjst Lu lel nations on the remedies thet endlord may exercise, and (3) there fare varying levels of resident engagement in focal tenant organizations. ‘he sources of these problems have bean trated to the need for adltional staffing, insufficient and appropriate taining and education about bullying inconsistent administrative oversight, and the need for aditional ovteach to residents clated to lgal protections for vit. ‘Mos information about bullying in housing has been anecdotal to-date and has been a complex issue to addres a the prevalence and characterises which gle rise to bullying are based on subjective criteria. Further, since no ane agency is charged with monitoring bullying activites In the Commonwealth, it ep othe Commstn Sty Wot Pevnt igo Taunsin Publcond Subd HatFomiyHowsing 7make data collection, in aggregate, challenging. In fact, since ltl is known current, the Commission ‘was faced withthe challenge of learning more about the problem before being able to form any Fecommendations on how to address. Therefore, the Commission sought to stud the prevalence and impact ofthe bullying of tenants, with afocus on elderly and disable tenants in pubic and subsidized ‘muit-fomily(PSMF) housing, identify the primary factors that can lead tothe presence of blyng, the factors ~ when absent from a residential community ~ that can allow bullying to become part of ‘community in order to develop public policy recommendations to establish a healthy community forall. Anecdotal evidence suggests that there are many diferent peemutations of bllying resulting fom: ders being bulied by younger residents Younger residents being bullied by elders ers being bulled by other elderly residents Residents being bulied by housing staff Housing staffbeingbulied by residents ‘The Commission, employing the expertise and experiences of those appointed Commissioners, external subject matter experts and stakeholders, as well as, the perspectives of those impacted by bullying ‘through a resident and management survey, sought to use documented research, best practices from the field and quantitative data to more confidently addres the charges ofthe Commission. FRE 6F PREVIOUS ACONS To ADDRESS BULIING PUBLIC HOUSING ‘The mining ofeldery households with non-ldery disabled individuals, as Is done in state and federally funded! public housing, which can lead to buying is not a new phenomenon. in 2095, to address the potential fr tension in state and federally funded public housing, the Commonwealth passed Chapter 173 of the Acts of 1995: An act improving housing opportunites fr elders and non-ederl persons with isoblities, Key components ofthis Act that were designed fo address and prevent potential bullying situations Included: ‘+ Upto $4Nt for anew transitional housing voucher program ~ the Alternative Housing Voucher Program — which provided alternative housing options for young persons with disabilties who ‘would otherwise become residents of state aided eldery/dsabled housing; ‘+ Up to $600,000 in funding for service coordinators in etdery cisabled housing to support preservation of tenancies and to insure elders and disabled persons had access to services to support thelr quality of es + $200,000 in funding to suppor the Massachusetts Housing Registry which Fisted avalabe rental Unit which offered accesility features; and + $75,000 in funding for lca housing authorities to acess information from the Criminal History Systems board forthe purposes of identiying appropriateness for pubic housing based on criminal histories, Further the Act ‘© Reluced the age eligibility for state aided pubic housing fom 62 to 60; opr the Cosi a Sty Wat event lg of Tenants i Pubcon Susied MutFamiy Housing