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HOUSE DOCKET, NO. 3720 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1525
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kevin G. Honan
_________________
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 prevent and respond to bullying of elderly and disabled residents.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/17/2025 1 of 9
HOUSE DOCKET, NO. 3720 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1525
By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1525) of Kevin
G. Honan for legislation to prevent and respond to bullying of elderly and disabled residents.
Housing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1329 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to prevent and respond to bullying of elderly and disabled residents.
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 121B is hereby amended by adding the following section:-
2 Section 61. (a) For purposes of this section, unless the context clearly requires otherwise,
3the following words shall have the following meanings:
4 “Bullying”, the repeated use by one or more residents of employees of, or visitors to, a
5covered residential community of a written, verbal or electronic expression physical act or
6gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional
7harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of
8harm to himself or of damage to his property; (iii) creates a hostile environment for the victim;
9(iv) infringes on the rights of the victim at a covered residential community; or (v) materially and 2 of 9
10substantially disrupts the orderly operation of a covered residential community. For the purposes
11of this section, bullying shall include but not be limited to cyber-bullying, group or social
12bullying, and mobbing.
13 “Covered residential community”, a public or privately-owned, multifamily residential
14housing development subsidized in whole or in part by the U.S. Department of Housing and
15Urban Development or the Commonwealth of Massachusetts and intended for occupancy
16primarily or solely persons aged 55 or older and/or persons with disabilities.
17 “Cyber-bullying”, bullying through the use of technology or any electronic
18communication, which shall include, but shall not be limited to, any transfer of signs, signals,
19writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a
20wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited
21to, electronic mail, internet communications, instant messages, instant messages or facsimile
22communications. Cyber-bullying shall also include (i) the creation of a web page or blog in
23which the creator assumes the identity of another person or (ii) the knowing impersonation of
24another person as the author or posted content or messages, if the creation of impersonation
25creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of
26bullying. Cyber-bullying shall also include the distribution by electronic means of a
27communication to more than one person or the posting of material on an electronic medium that
28may be accessed by one or more persons, if the distribution or posting creates any of the
29conditions enumerated in clauses (i) to (v), inclusive or the definition of bullying. 3 of 9
30 “Group or social bullying” is the attempt by several persons acting together to engage in
31bullying conduct toward one or more victims by intentional, repeated, aggressive speech or
32action capable of causing harm.
33 “Hostile environment”, a situation in which bullying causes the residential environment
34to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to
35interfere with a resident’s peaceful enjoyment of her tenancy or rights as a tenant.
36 “Mobbing”, is bullying that owner/management employees condone or take part in, with
37the purpose of demeaning the victim and excluding them from the social life, quiet enjoyment of
38occupancy, or occupancy status in a covered residential community.
39 “Owner/managers”, the owner of a covered residential community and/or the property
40manager or management agent responsible for managing a covered residential community.
41 “Plan”, a bullying prevention and intervention plan established pursuant to subsection
42(d).
43 “Perpetrator”, a person who engages in bullying or retaliation, or an owner/management
44company whose employees engage in, support or condone bullying, group or social bullying or
45mobbing.
46 “Residential property and grounds”, property on which a covered residential community
47is located or property that is owned, leased, or used by an owner/manager or group of residents
48for an activity, function, program, instruction or training related to the operation of the
49residential community. 4 of 9
50 “Victim”, a person against whom bullying, group or social bullying, mobbing, or
51retaliation has been perpetrated.
52 (b) Bullying shall be prohibited: (i) on residential property and ground, at an
53owner/manager or resident sponsored activity, function or program whether on or off residential
54grounds or through the use of technology or an electronic device owned, leased, or used by an
55owner/manager; and (ii) at an owner/manager sponsored location, activity, or function or
56program that is not located within the covered residential community, or through the use of
57technology or an electronic device that is not owned, leased, or used by an owner/manager, if the
58bullying creates a hostile environment in a covered residential community for the victim,
59infringes on the rights of the victim at a covered residential community or materially and
60substantially disrupts the orderly operation of a covered residential community. Nothing
61contained herein shall require an owner/manager to staff any non-residence related activities,
62functions, or programs.
63 Retaliation against a person who reports bullying, provides information during an
64investigation or bullying, or witnesses or has reliable information about bullying shall be
65prohibited.
66 (c) The public safety division of the Commonwealth’s attorney general’s office, after
67consultation with the department of public health, the department of mental health, the executive
68office of elder affairs, the office on disability, the department of housing and community
69development, MassHousing, the Massachusetts district attorneys association, representatives or
70areawide tenant organizations representing residents of covered residential communities,
71representatives or areawide associations or resident service coordinators and owner/managers, 5 of 9
72and experts on bullying, group or social bullying, and mobbing shall, within one year of
73enactment of this legislation: (i) publish a model plan and training curricula for owner/managers
74to consider when creating their plans and curricula; and (ii) create and compile list of bullying
75prevention and intervention resources, evidence-based curricula, best practices and academic-
76based research that shall be made available to covered residential communities. The resources
77may include, but shall not be limited to, print, audio, video or digital media; subscription based
78online services; and on-site or technology-enabled professional development and training
79sessions. The Division shall biennially update the model plan and the list of the resources,
80curricula, best practices and research and shall post them on its website. The division shall
81conduct a biennial confidential survey of residents and management staff to assess the
82prevalence and extent of bullying and the effectiveness of remedial efforts, and publish the
83findings while protecting the confidentiality of respondents.
84 (d) Each owner/manager of a covered residential community shall provide appropriate
85training on bullying prevention to all employees and residents of a covered residential
86community. The curriculum shall be evidence-based.
87 (e) (1) Each covered residential community shall develop, adhere to and update a plan to
88address bullying prevention and intervention in consultation with residents, any legitimate
89residents’ association as defined by 24 CFR Part 245, resident support organizations,
90owner/manager service employees, on-site management staff, professional support personnel,
91community representatives, local law enforcement agencies, and division staff. The consultation
92shall include, but not be limited to, notice and a public comment period. The plan shall be
93adopted and implemented within six months of preparation of a model plan by the division and
94updated at least biennially. 6 of 9
95 (2) Each plan shall include, but not be limited to: (i) descriptions of and statements
96prohibiting bullying, group or social bullying, mobbing, cyber-bullying and retaliation; (ii) clear
97procedures for residents, owner/manager employees, visitors, relatives, partners, guardians and
98others to report bullying or retaliation; (iii) a provision that reports of bullying or retaliation may
99be made anonymously; provided, however, that no disciplinary action shall be taken against a
100resident or owner/manager employee solely on the basis of an anonymous report; (iv) clear
101procedures for promptly responding to and investigating reports of bullying or retaliation; (v) the
102range of remedial actions that may be taken against a perpetrator for bullying or retaliation,
103including but not limited to employment sanctions or lease enforcement; provided, however,
104that the remedial actions shall balance the need for accountability with the need to teach
105appropriate behavior; (vi) clear procedures for restoring a sense of safety for a victim and
106assessing that victim’s needs for protection; (vii) strategies for protecting from bullying or
107retaliation a person who reports bullying, provides information during an investigation of
108bullying or witnesses or has reliable information about an act of bullying; (viii) procedures
109consistent with state and federal law for promptly notifying the relatives, partners, or guardians
110of a victim and a perpetrator, if appropriate and authorized by the victim; provided, further, that
111the relatives, partners and guardians of a victim shall also be notified of the action taken to
112prevent any further acts of bullying or retaliation, if appropriate and authorized by the victim;
113and provided, further, that the procedures shall provide for immediate notification pursuant to
114regulations promulgated under this subsection by the division or person who holds a comparable
115role to the local law enforcement agency when civil and/or criminal charges may be pursued
116against the perpetrator; (ix) a provision that a person who knowingly makes a false accusation of
117bullying or retaliation shall be subject to remedial action or sanction; and (x) a strategy for 7 of 9
118providing, counseling or referring to appropriate services for perpetrators and victims and for
119appropriate family members of said residents. The plan shall also reference existing regulatory
120and lease protections applicable to the covered residential community, including but not limited
121to grievance procedures and protections for public housing tenants; lease and 24 CFR Part 245,
122protections for HUD multifamily tenants; and comparable protections for MassHousing tenants
123in elderly/handicapped housing. Each plan shall also include procedures for victims to appeal
124confidentially to the division in cases where the alleged perpetrator is the owner/manager or
125employee of the covered residential community and the resident is concerned about retaliation.
126 (3) Nothing in this section shall prevent an owner/manager from remediating any
127discrimination or harassment based on a person’s membership in a legally protected category
128under local, state or federal law.
129 (4) The plan for a covered residential community shall include a provision for ongoing
130professional development and training to build the skills of all employees, including, but not
131limited to, on-site managers, social service or resident service coordinators, maintenance and
132office clerical staff, to prevent, identify and respond to bullying. The content of such professional
133development shall include, but not be limited to: (i) appropriate strategies to prevent bullying
134incidents; (ii) appropriate strategies for immediate, effective interventions to stop bullying
135incidents; (iii) information regarding the complex interaction and power differential that can take
136place between and among one or more perpetrators, victims and witnesses to the bullying; (iv)
137research findings on bullying, including information about specific categories of residents who
138have been shown to be particularly at risk for bullying in the environment or covered residential
139communities, and the role of mental illness, dementia, behavioral disorders, domestic violence
140and substance abuse as they may affect both victims and perpetrators; (v) information on the 8 of 9
141incidence and nature of cyber-bullying; and (vi) internet safety issues as they relate to cyber-
142bullying. The division shall identify and offer information on alternative methods for fulfilling
143the professional development requirements of this section, at least one of which shall be
144available at no cost to owners/managers of covered residential communities.
145 (5) The plan may include provisions for informing relatives, partners, and guardians
146about the bullying prevention curriculum of the covered residential community and shall include,
147but not be limited to: (i) how relatives, partners and guardians can reinforce the curriculum and
148support the owner/manager or division plan; (ii) the dynamics of bullying; and (iii) online safety
149and cyber-bullying.
150 (6) The division shall promulgate rules and regulations on the requirements related to an
151owner/agent’s duties under clause (viii) of the second paragraph of subsection (e).
152 (f)(1) Each owner/manager shall provide to residents and/or their designees, in
153appropriate languages or means of communication, annual written notice of the relevant resident-
154related sections of the plan.
155 (2) Each owner/manager shall provide to all employees of a covered residential
156community annual written notice of the plan. The employees at each covered residential
157community shall be trained biennially on the plan. The relevant section of the plan relating to the
158duties of employees shall be included in an owner/agent employee handbook or policies.
159 (3) The plan shall be posted on the website of each owner/manager or a covered
160residential community, or otherwise made available to residents, staff and interested members of
161the public. 9 of 9
162 (g) Each owner/manager shall be responsible for the implementation and oversight of the
163plan at her covered residential community.
164 (h) Any employee of a covered residential community, including on-site management
165staff, social service or resident service coordinator, maintenance or clerical staff, shall
166immediately report any instance of bullying or retaliation the staff member has witnessed or
167become aware of to the owner/manager official identified in the plan as responsible for receiving
168such reports. Upon receipt of such a report, the owner/manager or a designee shall promptly
169conduct an investigation. If the owner/manager or a designee determines that bullying or
170retaliation has occurred, the owner/manager or designee shall (i) take appropriate remedial
171action, in consultation with the victim; and (ii) assist the victim in notifying the local law
172enforcement agency if the owner/manager or designee believes that civil, criminal or both civil
173and criminal charges may be pursued against a perpetrator.
174 (i) If an incident of bullying or retaliation occurs on the grounds of a covered residential
175community and involves a former resident or employee who is no longer involved in a covered
176residential community, the owner/manager informed of the bullying or retaliation shall contact
177law enforcement consistent with the provisions of clause (viii) of the second paragraph of
178subsection (e).
179 (j) Nothing in this section shall supersede or replace existing rights or remedies under any
180other general or special law.