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