Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3868 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2877 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3868
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sally P. Kerans and Joan B. Lovely
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to create the office of the tenant advocate in the Office of the Attorney General.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sally P. Kerans13th Essex1/19/2023Joan B. LovelySecond Essex1/19/2023Thomas P. Walsh12th Essex1/26/2023Samantha Montaño15th Suffolk4/27/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2877 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3868
18	18	By Representative Kerans of Danvers and Senator Lovely, a joint petition (accompanied by bill,
19	19	House, No. 3868) of Sally P. Kerans, Joan B. Lovely and others relative to establishing the office
20	20	of the tenant advocate in the Office of the Attorney General. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to create the office of the tenant advocate in the Office of the Attorney General.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 12 of the General Laws is hereby amended by adding the following section:-
30	30	2 Section 36. (a) The following terms, as used in this chapter, shall, unless the context
31	31	3requires otherwise, have the following meanings:-
32	32	4 “Bullying”, any mode of communication to hurt and demean the target or victim. It is
33	33	5aggression and an effort to control that is used to make the target or victim do, or not do, the
34	34	6bidding of the perpetrator. An individual or group can mobilize members of the community to
35	35	7use gossip, social pressures and isolation as part of a bullying effort. Bullying harms and controls
36	36	8the target or victim and takes away their rights, dignity, self-respect, health and well-being.
37	37	9Bullying takes away the right of peaceful enjoyment.
38	38	10 “Hostile environment harassment”, unwelcome conduct creating a situation that makes it
39	39	11difficult or impossible for victims to have the peaceful enjoyment of their residency. Hostile
40	40	12environment harassment exists when a person was subjected to unwelcome spoken, written or 2 of 3
41	41	13physical conduct and the conduct was sufficiently severe or pervasive as to interfere with or
42	42	14deprive the victim of their right to use and enjoy the housing. A determination of whether this
43	43	15standard has been met is to be based on the totality of the circumstances. Whether a hostile
44	44	16environment harassment violation has occurred is a fact-specific inquiry. Hostile environment
45	45	17harassment shall include, but not be limited to, bullying or mobbing. Hostile environment
46	46	18harassment can be written, verbal or other conduct and does not require physical contact. A
47	47	19single incident of harassment may constitute hostile environment harassment, where the incident
48	48	20is sufficiently severe to create a hostile environment.
49	49	21 (1) Factors to be considered to determine whether hostile environment harassment exists
50	50	22include but are not limited to, the nature of the conduct, the context in which the incident
51	51	23occurred, the severity, scope, frequency, duration and location of the conduct and the
52	52	24relationships of the persons involved.
53	53	25 (2) Neither psychological nor physical harm must be demonstrated to prove that a hostile
54	54	26environment exists. Evidence of psychological or physical harm may, however, be relevant in
55	55	27determining whether a hostile environment existed and, if so, the amount of damages to which an
56	56	28aggrieved person may be entitled.
57	57	29 (3) Whether unwelcome conduct is sufficiently severe or pervasive as to create a hostile
58	58	30environment is evaluated from the perspective of a reasonable person in the aggrieved person's
59	59	31position.
60	60	32 “Mobbing”, consists of a group or community harassing and bullying a victim through
61	61	33cooperative or aggressive behavior, including in order to get them to leave their residence. In
62	62	34housing, mobbing can be initiated, condoned or supported by a landlord or housing authority. 3 of 3
63	63	35 “Peaceful enjoyment”, the right to enjoy the use of a resident’s home and common spaces
64	64	36without interference. The landlord or the housing authority is legally responsible for assuring the
65	65	37peaceful enjoyment of all tenants.
66	66	38 (b) There shall be within the office of the attorney general, an office of the tenant
67	67	39advocate. The attorney general, through the office of the tenant advocate, may intervene, appear
68	68	40and participate in administrative, regulatory, or judicial proceedings on behalf of all tenants
69	69	41living in public or subsidized housing to protect the tenants’ rights as tenants to the peaceful
70	70	42enjoyment of their residence and investigate, correct and hold landlords or housing authorities
71	71	43accountable for hostile environment harassment.