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 6.08 - Grievance Procedures

Current through Register 1525, July 5, 2024
(1)
Existing Procedures to Remain in Effect until Amended or
			 Replaced
. Upon April 21, 2017, the Grievance procedure then in
			 effect at an LHA shall remain in effect and shall continue in effect unless and
			 until EOHLC approves a new or amended Grievance procedure. After April 21,
			 2017, each LHA shall compare the provisions of its Grievance procedure(s) with
			 the provisions of
			 760
			 CMR 6.08(4)  and shall
			 initiate measures in order to achieve material compliance with those
			 provisions.
(2)
The
			 Purpose of the Grievance Procedure
. Each LHA shall have a
			 Grievance procedure, approved EOHLC, of which the purpose shall be the prompt
			 and reliable determination of Grievances. An LHA's Grievance procedure shall
			 produce such prompt and reliable determinations of Grievances. A Grievance
			 procedure, which in operation shall repeatedly fail to produce prompt and
			 reliable determinations, shall be deemed deficient and shall be amended or
			 replaced in the manner specified in
			 760
			 CMR 6.08.
(3)
Establishment, Replacement,
			 or Amendment of a Grievance Procedure
.
(a)
Negotiation of Grievance
			 Procedures
. If no Grievance procedure is in effect at an LHA or if
			 an LHA or affected Local Tenants' Organization (LTO) believes that changes to
			 or replacement of an existing Grievance procedure are necessary or appropriate,
			 proposals for establishment, replacement, or amendment of the Grievance
			 procedure may be made at any time by either the LHA or an affected Local
			 Tenants' Organization (LTO). Establishment of a new Grievance procedure or
			 amendments to an existing Grievance procedure shall be negotiated by the LHA
			 and any affected LTOs and shall become effective upon the written approval of
			 EOHLC.
(b)
Approval of
			 a Procedure Which Has Not Been Negotiated
. In Instances:
1. where the operations of an existing
			 Grievance procedure have repeatedly failed to produce prompt and reliable
			 determinations;
2. where there is
			 no operative Grievance procedure and where the LHA and the LTO(s) have been
			 unable to negotiate a new or amended Grievance procedure; or
3. where an LTO shall have failed to take
			 necessary steps for the proper functioning of a Grievance procedure (such as
			 naming a panel member willing and able to serve), the LHA may request that
			 EOHLC permit it to implement the three person panel Grievance procedure
			 referred to in
			 760
			 CMR 6.01 and published on EOHLC's website at
https://www.mass.gov/orgs/executive-office-of-housing-and-livable-communities
.
			 However, if it shall reasonably appear to the LHA that notwithstanding its own
			 good faith efforts, a three person panel would likely not be promptly chosen,
			 the LHA may request that EOHLC permit it to implement the Grievance procedure
			 which provides for a single Hearing Officer. As part of a request that EOHLC
			 permit the LHA to implement one of these two unnegotiated Grievance procedures,
			 the LHA shall specify the reason(s) for its request and shall describe its
			 prior unsuccessful negotiations with the affected LTO(s). The LHA shall also
			 specify the reason(s) why it believes that further efforts to negotiate a
			 procedure would likely be unsuccessful. The LHA shall provide the affected
			 LTO(s) with a copy of its request permission to implement one of the two
			 unnegotiated Grievance procedures.
Following receipt of the request, EOHLC shall give the LTO(s) a
				reasonable opportunity to respond in writing. EOHLC may also discuss the
				request with the LHA and the LTO(s). If EOHLC shall determine:
a. that the operations of the existing
			 Grievance procedure have repeatedly failed to produce prompt and reliable
			 determinations of Grievances or that there is no operative Grievance
			 procedure;
b. that the LHA is not
			 primarily responsible for this deficiency; and
c. that further negotiations between the LHA
			 and the affected LTO(s) appear to be unlikely to produce an agreement on a new
			 or amended Grievance procedure, EOHLC may give permission to the LHA to
			 implement the three person panel Grievance procedure referred to in
			 760
			 CMR 6.01 and published on EOHLC's website at:
https://www.mass.gov/orgs/executive-office-of-housing-and-livable-communities
or, if it shall appear to EOHLC that a three person panel would likely not be
				promptly chosen notwithstanding good faith efforts by the LHA, EOHLC may give
				permission to the LHA to implement the Grievance procedure which provides for a
				single Hearing Officer.