Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 6.00 - Occupancy Standards and Tenant Participation for State-Aided Housing › Section 6.09 - LTO and Resident Participation

Current through Register 1525, July 5, 2024
(1)
Purpose
. Participation by Residents of public housing,
			 including representation on LHA governing boards and through effective Local
			 Tenant Organizations (LTOs), is beneficial to the administration of public
			 housing. Cooperative working relationships enhance housing programs and benefit
			 both LHAs and Residents. The purpose of
			 760
			 CMR 6.09 is to encourage the formation of
			 representative organizations and to provide all Residents the opportunity to be
			 heard on and participate in matters affecting the interests of the Residents.
			 Each LHA shall comply with
			 760
			 CMR 6.09 and any additional written guidance
			 issued by EOHLC.
(2)
LTO Recognition
.
(a)
Recognition Requirements for LTOs
. The LHA shall
			 encourage and assist public housing Tenants and adult Household Members
			 (referred to in 760 CMR 6.00 as "Residents") to form one or more Resident
			 Associations with democratically elected officers to represent the Residents in
			 dealing with the LHA on matters which affect their rights, status, duties,
			 welfare, or other interests. Once formed, a Resident Association may, but is
			 not required to, submit a written request to the LHA to recognize the
			 Association as the official LTO representing a specific group of Residents for
			 a five year term. In order to be recognized as an LTO, an Association shall
			 demonstrate that:
1.
Persons
			 Represented
. The Association is and will be representative of one
			 of the following groups: all Residents of LHA operated public housing city
			 wide, town wide, neighborhood wide, or program wide (all of which may include
			 Tenants in federally subsidized housing); all Residents in state aided family
			 housing; all Residents in state aided elderly/disabled housing; or all
			 Residents in a particular state aided Development or in public housing operated
			 on behalf of an LHA which is not owned or managed by the LHA.
2.
Participation by
			 Residents
. The Association does not and will not impose any
			 unreasonable restriction on participation by any Resident whom it
			 represents.
3.
Purpose
			 of Representation
. The purpose of the Association is to provide
			 representation for Residents in matters which affect their rights, status,
			 duties, or other common interests, and to seek and maintain a courteous working
			 relationship with the LHA.
4.
Notices
. The Association provides the Residents whom
			 it represents with sufficient notice of its activities. Any notice required to
			 be given by an LTO to the Residents will be sufficient if given at least seven
			 calendar days before the event and if posted in prominent locations in the
			 Development lobby or community room and in the LHA's Office(s). More notice,
			 including notices delivered by flyers, mail or email, is encouraged. In an
			 emergency, such as in response to an emergency board meeting called by the LHA
			 or in other situations in which it is not possible to give seven days' notice,
			 notice will be sufficient if given 48 hours before the event.
5.
Written Rules or By
			 laws
. The Association is and will be governed by written rules or
			 by laws which may be changed only by a majority vote of a quorum of Residents
			 as defined by the Association's by laws who are present at a meeting after
			 notice was given of the time, date, location, and purpose.
6.
Meetings
. Regular
			 meetings open to attendance by Residents are required to be held and are held
			 at least twice per year at times and places that are reasonably convenient to
			 Residents, that notice will be given of these meetings, and that Residents have
			 reasonable opportunity to make known their views on matters of common interest
			 at the meetings.
7.
Board
. The Association's Board Members are elected
			 from Residents whom the Association represents. The Association's by laws shall
			 establish a procedure for the election of the Association's officers, who may
			 be elected by the Board or by all of the Residents whom the Association
			 represents.
8.
Elections
. Elections of Board Members are required to
			 be held and are held on a regular basis at least once every three years
			 pursuant to a fair election procedure which shall impose no unnecessary
			 restrictions on Residents desiring to run for the Board and which shall entitle
			 every represented Resident to vote after notice of the time and place of the
			 election, and; that each election shall be supervised by a disinterested person
			 or organization with experience in supervising elections who shall provide the
			 LHA with a certificate attesting to the fairness of the election.
9.
Recall Elections
.
			 Recall elections may be held to unseat and replace an LTO Board Member at any
			 time but only upon written request which specifies the reason for the recall
			 election and which is signed by one or more Residents in at least two
			 Households or 10% or more of the Households represented, whichever is greater.
			 Recall elections must be held in accordance with the requirements of
			 760
			 CMR 6.09(2)(a)8.
10.
Board Vacancies
.
			 The Association's by laws establish a process for special elections or other
			 procedures for filling vacancies that may occur on its Board between regular
			 elections.
11.
Budgets
. The Association has a proposed budget which
			 will be adopted annually after discussion with members at meeting(s) held for
			 the purpose and that an annual statement of income and expenditures from all
			 funding sources will be provided to its members.