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| 2 | 2 | | SENATE DOCKET, NO. 251 FILED ON: 1/12/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 887 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joan B. Lovely |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to prevent and respond to bullying of elderly and disabled residents. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexLydia EdwardsThird Suffolk2/21/2023 1 of 9 |
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| 16 | 16 | | SENATE DOCKET, NO. 251 FILED ON: 1/12/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 887 |
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| 18 | 18 | | By Ms. Lovely, a petition (accompanied by bill, Senate, No. 887) of Joan B. Lovely and Lydia |
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| 19 | 19 | | Edwards for legislation to prevent and respond to bullying of elderly and disabled residents. |
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| 20 | 20 | | Housing. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 900 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to prevent and respond to bullying of elderly and disabled residents. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 121B is hereby amended by adding the following section:- |
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| 32 | 32 | | 2 Section 61. (a) For purposes of this section, unless the context clearly requires otherwise, |
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| 33 | 33 | | 3the following words shall have the following meanings: |
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| 34 | 34 | | 4 “Bullying”, the repeated use by one or more residents of employees of, or visitors to, a |
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| 35 | 35 | | 5covered residential community of a written, verbal or electronic expression physical act or |
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| 36 | 36 | | 6gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional |
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| 37 | 37 | | 7harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of |
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| 38 | 38 | | 8harm to himself or of damage to his property; (iii) creates a hostile environment for the victim; |
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| 39 | 39 | | 9(iv) infringes on the rights of the victim at a covered residential community; or (v) materially and 2 of 9 |
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| 40 | 40 | | 10substantially disrupts the peaceful enjoyment of a covered residential community. For the |
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| 41 | 41 | | 11purposes of this section, bullying shall include but not be limited to cyber-bullying, group or |
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| 42 | 42 | | 12social bullying, and mobbing. |
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| 43 | 43 | | 13 “Covered residential community”, a public or privately-owned, multifamily residential |
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| 44 | 44 | | 14housing development subsidized in whole or in part by the U.S. Department of Housing and |
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| 45 | 45 | | 15Urban Development or the Commonwealth of Massachusetts and intended for occupancy |
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| 46 | 46 | | 16primarily or solely persons aged 55 or older and/or persons with disabilities. |
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| 47 | 47 | | 17 “Cyber-bullying”, bullying through the use of technology or any electronic |
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| 48 | 48 | | 18communication, which shall include, but shall not be limited to, any transfer of signs, signals, |
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| 49 | 49 | | 19writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a |
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| 50 | 50 | | 20wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited |
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| 51 | 51 | | 21to, electronic mail, internet communications, instant messages, instant messages or facsimile |
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| 52 | 52 | | 22communications. Cyber-bullying shall also include (i) the creation of a web page or blog in |
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| 53 | 53 | | 23which the creator assumes the identity of another person or (ii) the knowing impersonation of |
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| 54 | 54 | | 24another person as the author or posted content or messages, if the creation of impersonation |
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| 55 | 55 | | 25creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of |
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| 56 | 56 | | 26bullying. Cyber-bullying shall also include the distribution by electronic means of a |
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| 57 | 57 | | 27communication to more than one person or the posting of material on an electronic medium that |
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| 58 | 58 | | 28may be accessed by one or more persons, if the distribution or posting creates any of the |
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| 59 | 59 | | 29conditions enumerated in clauses (i) to (v), inclusive or the definition of bullying. 3 of 9 |
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| 60 | 60 | | 30 “Group or social bullying”, is the attempt by several persons acting together to engage in |
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| 61 | 61 | | 31bullying conduct toward one or more victims by intentional, repeated, aggressive speech or |
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| 62 | 62 | | 32action capable of causing harm. |
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| 63 | 63 | | 33 “Hostile environment”, a situation in which bullying causes the residential environment |
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| 64 | 64 | | 34to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to |
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| 65 | 65 | | 35interfere with a resident’s peaceful enjoyment of her tenancy or rights as a tenant. |
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| 66 | 66 | | 36 “Mobbing”, is bullying that owner/management employees condone or take part in, with |
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| 67 | 67 | | 37the purpose of demeaning the victim and excluding them from the social life, quiet enjoyment of |
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| 68 | 68 | | 38occupancy, or occupancy status in a covered residential community. |
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| 69 | 69 | | 39 “Owner/managers”, the owner of a covered residential community and/or the property |
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| 70 | 70 | | 40manager or management agent responsible for managing a covered residential community. |
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| 71 | 71 | | 41 “Plan”, a bullying prevention and intervention plan established pursuant to subsection |
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| 72 | 72 | | 42(d). |
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| 73 | 73 | | 43 “Perpetrator”, a person who engages in bullying or retaliation, or an owner/management |
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| 74 | 74 | | 44company whose employees engage in, support or condone bullying, group or social bullying or |
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| 75 | 75 | | 45mobbing. |
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| 76 | 76 | | 46 “Residential property and grounds”, property on which a covered residential community |
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| 77 | 77 | | 47is located or property that is owned, leased, or used by an owner/manager or group of residents |
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| 78 | 78 | | 48for an activity, function, program, instruction or training related to the operation of the |
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| 79 | 79 | | 49residential community. 4 of 9 |
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| 80 | 80 | | 50 “Victim”, a person against whom bullying, group or social bullying, mobbing, or |
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| 81 | 81 | | 51retaliation has been perpetrated. |
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| 82 | 82 | | 52 (b) Bullying shall be prohibited: (i) on residential property and ground, at an |
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| 83 | 83 | | 53owner/manager or resident sponsored activity, function or program whether on or off residential |
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| 84 | 84 | | 54grounds or through the use of technology or an electronic device owned, leased, or used by an |
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| 85 | 85 | | 55owner/manager; and (ii) at an owner/manager sponsored location, activity, or function or |
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| 86 | 86 | | 56program that is not located within the covered residential community, or through the use of |
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| 87 | 87 | | 57technology or an electronic device that is not owned, leased, or used by an owner/manager, if the |
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| 88 | 88 | | 58bullying creates a hostile environment in a covered residential community for the victim, |
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| 89 | 89 | | 59infringes on the rights of the victim at a covered residential community or materially and |
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| 90 | 90 | | 60substantially disrupts the orderly operation of a covered residential community. Nothing |
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| 91 | 91 | | 61contained herein shall require an owner/manager to staff any non-residence related activities, |
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| 92 | 92 | | 62functions, or programs. |
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| 93 | 93 | | 63 Retaliation against a person who reports bullying, provides information during an |
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| 94 | 94 | | 64investigation or bullying, or witnesses or has reliable information about bullying shall be |
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| 95 | 95 | | 65prohibited. |
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| 96 | 96 | | 66 (c) The civil rights division of the Commonwealth’s attorney general’s office, after |
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| 97 | 97 | | 67consultation with the department of public health, the department of mental health, the executive |
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| 98 | 98 | | 68office of elder affairs, the office on disability, the department of housing and community |
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| 99 | 99 | | 69development, MassHousing, the Massachusetts district attorneys association, representatives or |
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| 100 | 100 | | 70areawide tenant organizations representing residents of covered residential communities, |
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| 101 | 101 | | 71representatives or areawide associations or resident service coordinators and owner/managers, 5 of 9 |
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| 102 | 102 | | 72and experts on bullying, group or social bullying, and mobbing shall, within one year of |
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| 103 | 103 | | 73enactment of this legislation: (i) publish a model plan and training curricula for owner/managers |
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| 104 | 104 | | 74to consider when creating their plans and curricula; and (ii) create and compile list of bullying |
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| 105 | 105 | | 75prevention and intervention resources, evidence-based curricula, best practices and academic- |
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| 106 | 106 | | 76based research that shall be made available to covered residential communities. The resources |
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| 107 | 107 | | 77may include, but shall not be limited to, print, audio, video or digital media; subscription based |
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| 108 | 108 | | 78online services; and on-site or technology-enabled professional development and training |
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| 109 | 109 | | 79sessions. The division shall biennially update the model plan and the list of the resources, |
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| 110 | 110 | | 80curricula, best practices and research and shall post them on its website. The division shall |
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| 111 | 111 | | 81conduct a biennial confidential survey of residents and management staff to assess the |
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| 112 | 112 | | 82prevalence and extent of bullying and the effectiveness of remedial efforts, and publish the |
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| 113 | 113 | | 83findings while protecting the confidentiality of respondents. |
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| 114 | 114 | | 84 (d) Each owner/manager of a covered residential community shall provide appropriate |
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| 115 | 115 | | 85training on bullying prevention to all employees and residents of a covered residential |
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| 116 | 116 | | 86community. The curriculum shall be evidence-based. |
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| 117 | 117 | | 87 (e) (1) Each covered residential community shall develop, adhere to and update a plan to |
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| 118 | 118 | | 88address bullying prevention and intervention in consultation with residents, any legitimate |
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| 119 | 119 | | 89residents’ association as defined by 24 CFR Part 245, resident support organizations, |
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| 120 | 120 | | 90owner/manager service employees, on-site management staff, professional support personnel, |
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| 121 | 121 | | 91community representatives, local law enforcement agencies, and division staff. The consultation |
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| 122 | 122 | | 92shall include, but not be limited to, notice and a public comment period. The plan shall be |
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| 123 | 123 | | 93adopted and implemented within six months of preparation of a model plan by the division and |
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| 124 | 124 | | 94updated at least biennially. 6 of 9 |
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| 125 | 125 | | 95 (2) Each plan shall include, but not be limited to: (i) descriptions of and statements |
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| 126 | 126 | | 96prohibiting bullying, group or social bullying, mobbing, cyber-bullying and retaliation; (ii) clear |
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| 127 | 127 | | 97procedures for residents, owner/manager employees, visitors, relatives, partners, guardians and |
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| 128 | 128 | | 98others to report bullying or retaliation; (iii) a provision that reports of bullying or retaliation may |
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| 129 | 129 | | 99be made anonymously; provided, however, that no disciplinary action shall be taken against a |
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| 130 | 130 | | 100resident or owner/manager employee solely on the basis of an anonymous report; (iv) clear |
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| 131 | 131 | | 101procedures for promptly responding to and investigating reports of bullying or retaliation; (v) the |
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| 132 | 132 | | 102range of remedial actions that may be taken against a perpetrator for bullying or retaliation, |
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| 133 | 133 | | 103including but not limited to employment sanctions or lease enforcement; provided, however, that |
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| 134 | 134 | | 104the remedial actions shall balance the need for accountability with the need to teach appropriate |
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| 135 | 135 | | 105behavior; (vi) clear procedures for restoring a sense of safety for a victim and assessing that |
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| 136 | 136 | | 106victim’s needs for protection; (vii) strategies for protecting from bullying or retaliation a person |
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| 137 | 137 | | 107who reports bullying, provides information during an investigation of bullying or witnesses or |
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| 138 | 138 | | 108has reliable information about an act of bullying; (viii) procedures consistent with state and |
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| 139 | 139 | | 109federal law for promptly notifying the relatives, partners, or guardians of a victim and a |
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| 140 | 140 | | 110perpetrator, if appropriate and authorized by the victim; provided, further, that the relatives, |
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| 141 | 141 | | 111partners and guardians of a victim shall also be notified of the action taken to prevent any further |
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| 142 | 142 | | 112acts of bullying or retaliation, if appropriate and authorized by the victim; and provided, further, |
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| 143 | 143 | | 113that the procedures shall provide for immediate notification pursuant to regulations promulgated |
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| 144 | 144 | | 114under this subsection by the division or person who holds a comparable role to the local law |
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| 145 | 145 | | 115enforcement agency when civil and/or criminal charges may be pursued against the perpetrator; |
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| 146 | 146 | | 116(ix) a provision that a person who knowingly makes a false accusation of bullying or retaliation |
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| 147 | 147 | | 117shall be subject to remedial action or sanction; and (x) a strategy for providing, counseling or 7 of 9 |
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| 148 | 148 | | 118referring to appropriate services for perpetrators and victims and for appropriate family members |
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| 149 | 149 | | 119of said residents. The plan shall also reference existing regulatory and lease protections |
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| 150 | 150 | | 120applicable to the covered residential community, including but not limited to grievance |
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| 151 | 151 | | 121procedures and protections for public housing tenants; lease and 24 CFR Part 245, protections |
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| 152 | 152 | | 122for HUD multifamily tenants; and comparable protections for MassHousing tenants in |
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| 153 | 153 | | 123elderly/handicapped housing. Each plan shall also include procedures for victims to appeal |
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| 154 | 154 | | 124confidentially to the division in cases where the alleged perpetrator is the owner/manager or |
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| 155 | 155 | | 125employee of the covered residential community and the resident is concerned about retaliation. |
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| 156 | 156 | | 126 (3) Nothing in this section shall prevent an owner/manager from remediating any |
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| 157 | 157 | | 127discrimination or harassment based on a person’s membership in a legally protected category |
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| 158 | 158 | | 128under local, state or federal law. |
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| 159 | 159 | | 129 (4) The plan for a covered residential community shall include a provision for ongoing |
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| 160 | 160 | | 130professional development and training to build the skills of all employees, including, but not |
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| 161 | 161 | | 131limited to, on-site managers, social service or resident service coordinators, maintenance and |
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| 162 | 162 | | 132office clerical staff, to prevent, identify and respond to bullying. The content of such professional |
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| 163 | 163 | | 133development shall include, but not be limited to: (i) appropriate strategies to prevent bullying |
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| 164 | 164 | | 134incidents; (ii) appropriate strategies for immediate, effective interventions to stop bullying |
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| 165 | 165 | | 135incidents; (iii) information regarding the complex interaction and power differential that can take |
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| 166 | 166 | | 136place between and among one or more perpetrators, victims and witnesses to the bullying; (iv) |
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| 167 | 167 | | 137research findings on bullying, including information about specific categories of residents who |
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| 168 | 168 | | 138have been shown to be particularly at risk for bullying in the environment or covered residential |
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| 169 | 169 | | 139communities, and the role of mental illness, dementia, behavioral disorders, domestic violence |
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| 170 | 170 | | 140and substance abuse as they may affect both victims and perpetrators; (v) information on the 8 of 9 |
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| 171 | 171 | | 141incidence and nature of cyber-bullying; and (vi) internet safety issues as they relate to cyber- |
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| 172 | 172 | | 142bullying. The division shall identify and offer information on alternative methods for fulfilling |
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| 173 | 173 | | 143the professional development requirements of this section, at least one of which shall be |
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| 174 | 174 | | 144available at no cost to owners/managers of covered residential communities. |
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| 175 | 175 | | 145 (5) The plan may include provisions for informing relatives, partners, and guardians |
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| 176 | 176 | | 146about the bullying prevention curriculum of the covered residential community and shall include, |
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| 177 | 177 | | 147but not be limited to: (i) how relatives, partners and guardians can reinforce the curriculum and |
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| 178 | 178 | | 148support the owner/manager or division plan; (ii) the dynamics of bullying; and (iii) online safety |
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| 179 | 179 | | 149and cyber-bullying. |
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| 180 | 180 | | 150 (6) The division shall promulgate rules and regulations on the requirements related to an |
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| 181 | 181 | | 151owner/agent’s duties under clause (viii) of the second paragraph of subsection (e). |
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| 182 | 182 | | 152 (f)(1) Each owner/manager shall provide to residents and/or their designees, in |
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| 183 | 183 | | 153appropriate languages or means of communication, annual written notice of the relevant resident- |
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| 184 | 184 | | 154related sections of the plan. |
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| 185 | 185 | | 155 (2) Each owner/manager shall provide to all employees of a covered residential |
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| 186 | 186 | | 156community annual written notice of the plan. The employees at each covered residential |
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| 187 | 187 | | 157community shall be trained biennially on the plan. The relevant section of the plan relating to the |
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| 188 | 188 | | 158duties of employees shall be included in an owner/agent employee handbook or policies. |
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| 189 | 189 | | 159 (3) The plan shall be posted on the website of each owner/manager or a covered |
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| 190 | 190 | | 160residential community, or otherwise made available to residents, staff and interested members of |
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| 191 | 191 | | 161the public. 9 of 9 |
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| 192 | 192 | | 162 (g) Each owner/manager shall be responsible for the implementation and oversight of the |
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| 193 | 193 | | 163plan at her covered residential community. |
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| 194 | 194 | | 164 (h) Any employee of a covered residential community, including on-site management |
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| 195 | 195 | | 165staff, social service or resident service coordinator, maintenance or clerical staff, shall |
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| 196 | 196 | | 166immediately report any instance of bullying or retaliation the staff member has witnessed or |
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| 197 | 197 | | 167become aware of to the owner/manager official identified in the plan as responsible for receiving |
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| 198 | 198 | | 168such reports. Upon receipt of such a report, the owner/manager or a designee shall promptly |
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| 199 | 199 | | 169conduct an investigation. If the owner/manager or a designee determines that bullying or |
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| 200 | 200 | | 170retaliation has occurred, the owner/manager or designee shall (i) take appropriate remedial |
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| 201 | 201 | | 171action, in consultation with the victim; and (ii) assist the victim in notifying the local law |
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| 202 | 202 | | 172enforcement agency if the owner/manager or designee believes that civil, criminal or both civil |
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| 203 | 203 | | 173and criminal charges may be pursued against a perpetrator. |
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| 204 | 204 | | 174 (i) If an incident of bullying or retaliation occurs on the grounds of a covered residential |
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| 205 | 205 | | 175community and involves a former resident or employee who is no longer involved in a covered |
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| 206 | 206 | | 176residential community, the owner/manager informed of the bullying or retaliation shall contact |
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| 207 | 207 | | 177law enforcement consistent with the provisions of clause (viii) of the second paragraph of |
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| 208 | 208 | | 178subsection (e). |
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| 209 | 209 | | 179 (j) Nothing in this section shall supersede or replace existing rights or remedies under any |
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| 210 | 210 | | 180other general or special law. |
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