By the National Low Income Housing Coalition, February 10, 2025

The City of Boston launched an Access to Counsel Pilot Program in January to help families facing eviction, following the state legislature passing a statewide Access to Counsel Pilot Program in July 2024. Advocates hope that successful implementation of these pilot programs will lead to permanent and expanded funding – at the city and state levels – for legal counsel for tenants facing evictions.

The Boston program is being led by the City’s Office of Housing Stability in partnership with Boston Public Schools, FamilyAid Boston, and Greater Boston Legal Services. The Access to Counsel Pilot Program was established with $300,000 from the City’s FY25 annual operating budget; it is expected to assist at least 120 households in 2025. Boston Public School families experiencing or at risk of homelessness, who have long been connected to FamilyAid Boston through case management and wrap-around services, will now have access to full legal counsel when facing an eviction. The organizations implementing the program have a history of collaborating to support low-income households across the city. The pilot program funding expands their capacity to serve more households with children, thereby reducing educational disruptions, stabilizing family environments, and promoting long-term wellbeing. The pilot program is part of Boston’s comprehensive eviction prevention strategy, which also includes providing emergency rental assistance, housing search services, and an established presence at housing court to facilitate landlord-tenant mediation…

Read the Full Article!

On Friday, February 7, Mass Union hosted the National Low Income Housing Coalition at our policy committee meeting. Thank you to Lindsay Duvall for her informative presentation! We will post the recording of the presentation here when it is ready.

Stay up-to-date on our policy advocacy by joining our policy committee, which meets the first Friday of every month at 11am over Zoom. Email info@massunion.org to receive reminders. And, save the date for Public Housing Day at the Massachusetts State House! Now is the time to make our voices heard and protect and improve both state and federally funded public housing!

Resources

Download Lindsay’s Slides (PDF)

Links from the Chat:

• • Upcoming events
  • NLIHC Advocacy Toolkit
  • Take action on NLIHC policy priorities
  • New Law Protects Public Housing Tenants in Massachusetts Facing Redevelopment
  • Trump ordered the U.S. government to lower prices for Americans. Can he deliver?

As you may recall, Mass Union has been working with the Executive Office of Housing and Livable Communities (EOHLC) on a Public Housing Notice (PHN) to clarify the tenant participation regulations found in 760 CMR 6.09. We’re thrilled to say that the notice has been published! Click here to read it in full.

The PHN contains six pages of detailed guidance for Housing Authorities regarding their interactions with LTOs, as well as two Attachments. We recommend you discuss it with your LTO board or community, and also print a copy and share it with your LHA (after the holidays!).

Among other things, the PHN affirms the independence of LTOs. It states, “Once residents democratically elect officers to represent them on matters that impact them, the organization should be treated as independent of the LHA and autonomous, not an extension of the LHA.” The notice also affirms important practices regarding Tenant Participation Funds. Funds must be allocated based on the number of units the LTO represents, not on a reimbursement basis. In addition, at the end of the year “the LHA may not request that the LTO return unspent funds.” The notice also affirms that funds may be used to support quality of life, for example for community gardens, wellness classes, computer labs and more.

Huge thanks to Ben Stone, Chris Devore and Bill Halfpenny at EOHLC for their work on this PHN and for EOHLC’s commitment to tenant participation in general.

Additional thanks to Annette Duke and Megan Harding from MLRI, to the many tenants who provided input, and to Donald Hamilton, chair of the Policy Committee, for his steadfast leadership. We did it! Now on to 2025!

Values

1. 1. 1. Tenant Power – Power should be with the people; the tenants. This is key to everything.
      2. Democracy – We help tenants elect LTO boards and the Mass Union board is elected by our affiliates. We use the Dot Exercise to make decisions and train members to do so as well. Democracy also means that tenants must have the opportunity to participate in the decision-making that impacts their lives at all levels – the Housing Authority, the state, and the nation.
      3. Radical Inclusion – ALL tenants are welcome and crucial for our network, regardless of race, ethnicity, ability, age, language, citizenship, religion, or anything else. We take steps to ensure that all are welcome and included.
      4. Transparency – We share information with our affiliates, such as our budgets and decision-making processes. Our member LTOs do the same.
      5. Fairness – Everyone plays by the same rules. We create the rules together and enact them fairly. We oppose a system where certain tenants get special treatment by their LHAs, by Mass Union itself, or in any other context.
      6. Impact – We want real-world results. Public housing needs to be fixed. We want to see tangible improvements to the quality of life in public housing.
      7. Dignity – In everything we do, we strive to be kind and compassionate with each other. We treat each other with dignity, especially when the rest of the world does not.
      8. Unity – Once we reach a group decision, it is respected by all and we speak with one voice. We don’t have to be best friends, but we understand that in order to win change, we need each other. Spaghetti Power!

Vision

We envision…

…a world without homelessness, racism or classism;
~ Where housing is a human right,
~ Where all housing is safe, sanitary and dignified,
~ And where all people participate in the decision-making that impacts their lives.
…a Massachusetts where public housing is fully funded,
~ And that enhances and enforces tenant rights and protections.
… public housing communities that are safe, inclusive, cohesive and beautiful,
~ Where all tenants are informed, empowered, heard, respected, and valued.

Mission Statement

The Mass Union of Public Housing Tenants is a nonprofit run by tenants for tenants. Our mission is to build power and voice for tenants so that we may effectively improve public housing in Massachusetts.

PDF VERION OF THE LETTER

IN BRIEF: WHY AND HOW STATE PUBLIC HOUSING CAN RECIEVE THE SAME FUNDING LEVELS AS FEDERAL PUBLIC HOUSING

Dear Governor Healey and Secretary Gorzkowicz,

The Massachusetts Union of Public Housing Tenants, a statewide organization run by and for public housing residents, would like to reiterate our appreciation for your support for public housing in the Affordable Homes Act and the FY25 budget. As you develop a proposed 2026 Fiscal Year budget, we urge you to capitalize on this momentum and continue to protect and preserve Massachusetts’ public assets, including its public housing portfolio, which provides a stable home for many of our Commonwealth’s most vulnerable seniors, veterans, families, persons with disabilities, immigrants and others. The waiting list for this housing is historically long and not likely to shrink. Now is the time to continue affirming your commitment to residents who need housing.

Mass Union asks that the Administration provide these three key investments in your FY26 budget proposal.

1. 1. Increase the Public Housing Operating Subsidy Line Item (7004-9005) to $153 million. As you know, funding levels for state public housing are far below those provided by the federal government. We know that we cannot reach parity with HUD’s current funding level in just one budget year, but we ask that state leaders do so within five years. Mass Union and our partners calculate that $40 million increases per year for five years would achieve this milestone. Mass Union, with MassNAHRO, CHAPA and GBIO, respectfully request that the Administration propose $153 million for the public housing operating subsidy in FY26. As tenants, the chronically underfunded operating subsidy has had huge impacts on our lives. We too often live with mold, rats, bedbugs, broken elevators, sewage problems and more. Our proposal to achieve funding parity with current HUD levels would allow us to live with dignity.
   2. Provide Technical Assistance for Tenants Facing Redevelopment in the amount of $350,000. Mass Union is very grateful that the Affordable Homes Act provides protections for tenants undergoing redevelopment with private partners. As you know, this is an increasingly common practice and these protections are crucial. However, without funding for organizers, lawyers, architects and others, the protections will only go so far. Redevelopment is incredibly complicated and meaningful tenant engagement in the process requires support from experts. A relatively modest investment at $350,000—less than the cost of building one unit of housing—can start to provide tenants with the funding needed to improve redevelopments across the state by ensuring that we have a meaningful say in decisions. We live in housing 24/7 and bring essential lived experience to the discussion. This input must not be sidelined or tokenized: we need a real, meaningful voice. To ensure that technical assistance is available to tenants, we urge that the Governor allocate $350,000 for a Technical Assistance Fund for Public Housing Residents and that Mass Union works with EOHLC to build and train technical assistance teams that can be deployed to residents around the state facing redevelopment.
   3. Ensure that the Access to Counsel Program in Evictions Is Permanent and Stable and Include $5 Million in the Proposed FY26 Budget (Line Item 0321-1800). Every week, Mass Union receives calls from tenants facing eviction. Some of these tenants are facing eviction because they are trying to make change in their community. Others are facing eviction for non-payment when the real issue is that their rent has been miscalculated. They go to court unrepresented and are up against housing authorities who have lawyers. They sign agreements that they don’t understand and that are unsustainable. Mass Union joins over 240 organizations in thanking you for including a dedicated line-item for an Access to Counsel program in your proposed FY25 budget. This was a game changer and resulted in $2.5 million to start a pilot program in the final FY25 budget. Now, it is critical to set Access to Counsel up for success and to set in motion a framework for a permanent, stable, and sustainable program. We urge you to return to that vision, remove the word “pilot” from the line item and propose a full 12-months of funding at $5 million so that legal services can sustain the capacity that it is building now.

Thank you again for your work to protect the Commonwealth’s public housing and the people living there. We hope you will continue to come to our communities and we look forward to working with your administration.

Thank you,

Dave Underhill
President, Mass Union
Tenant Leader, Fall River

Sarah Byrnes
Executive Director, Mass Union

Cc: Lieutenant Governor Kim Driscoll
Secretary Ed Augustus, Executive Office of Housing and Livable Communities
Kate Cook, Chief of Staff, Office of Governor Maura Healey
Juan Gallego, Assistant Deputy Chief of Staff, Lieutenant Governor Driscoll
Eric Shupin, Chief of Policy at Executive Office of Housing & Livable Communities
Christopher Marino, Assistant Secretary for Budget, Administration and Finance
Danielle Cerny, Chief of Staff, Administration and Finance

New Law Protects Public Housing Tenants in Massachusetts Facing Redevelopment

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In August 2024, the Governor signed into law The Affordable Homes Act (also known as Housing Bond bill). Section 35 of the new law protects tenants during public housing redevelopment. [1] But the law is only one tool. It is important for tenants to have a tenant organization and be organized so they can have a strong voice during redevelopment.

Why is public housing facing redevelopment?
Redevelopment brings in money to pay for major repairs to buildings. It can help preserve the public housing. But no two projects are the same. Sometimes redevelopment happens through partnerships between a public housing authority and private entities. These private entities could be a non-profit, a for-profit, or a public housing authority affiliate. [2]

What if the redevelopment plan is to transfer the public housing to a private entity?
Under the new law, if the ownership of public housing is transferred to a private entity, existing tenants’ rights must also be transferred. But sometimes the funding sources and subsidy programs needed to pay for the redevelopment have different rules. These rules may require changes. If there are any changes to tenants’ existing rights, the housing authority or private entity must give tenants notice about the proposed changes and an opportunity to comment.

What rights are protected?
Existing rights that are protected include:

• • • rent rules
    • lease terms
    • grievance process
    • eviction rights
    • privacy rights
    • preference in hiring
    • resident rights to participate in how their housing operates

Federal and state tenants in some cases have different rights. What is important is to understand what tenants’ existing rights are.

Who is protected?
Tenants in state and federal public housing.

Will existing tenants have the right to return?
Yes. During redevelopment tenants often have to relocate and the housing authority must provide tenants with other housing. Under the new law, existing tenants have the right to return after redevelopment. A housing authority cannot just evict tenants. If relocation happens there will be a relocation and rehousing plan. Tenants must have input into this plan.

Are existing tenants rescreened before being able to come back?
No. Existing tenants cannot be rescreened or considered a new applicant.

Will there be 1-for-1 replacement of the public housing apartments?
Yes. There must be at least the same number of public housing units after redevelopment. These units must be permanently affordable and they must be “deeply affordable.” It is also important to protect the existing mix of bedroom sizes so that larger units for families are not lost in the redevelopment process.

What does “deeply affordable” mean?
“Deeply affordable” means that a tenant’s rent is set as a percentage of their income, usually between 27-32% of income. The rent can be adjusted if a tenant’s income changes. For example, if income goes down, so must the rent. Examples of deeply affordable housing programs include Public Housing, Project Based Section 8 Vouchers, and the Massachusetts Rental Voucher Program.

Can redevelopment result in more housing?
Yes. Sometimes redevelopment results in more housing, but the new housing may not have the same rents as public housing and should not be counted as part of the 1-for-1 replacement. [3]

Do tenants have a right to participate in the redevelopment process?
Yes. Tenants can be strong partners throughout redevelopment. The new law protects tenants’ right to participate from the beginning to the end of the process. The housing authority must give tenants an opportunity to comment on a proposed project. Tenant participation is critical to good redevelopment and building a healthy community.

Can tenants get help during redevelopment?
Under the new law, tenants can get technical assistance to help them give meaningful input. Technical assistance could include organizers, lawyers, relocation specialists, architects, financial advisors, or others. If you are facing redevelopment, ask the housing authority how it will provide tenants in your development with technical assistance. [4]

Questions? If you have questions about the new law or hear that your development may be facing redevelopment, contact the Mass. Union of Public Housing Tenants at (617) 825-9750.

REFERENCES

[1] Section 35 of Chapter 150 of the Acts of 2024 amends Mass. General Law, Section 34, Chapter 121B. Section 35 went into effect immediately on August 6, 2024, the date the law was signed.
[2] Sometimes, housing authorities create non-profits to help with redevelopment. Those non-profits are called “public housing authority affiliates.” A public housing authority affiliate can have similar people on the board. For example, the Cambridge Housing Authority (CHA) has an affiliate called the Cambridge Affordable Housing Corporation which owns housing and has a contract with the CHA to develop, manage and make major repairs.
[3] Often private owners use the Low Income Housing Tax Credit (LIHTC) program to raise money to redevelop housing by selling tax credits to investors. But unlike public housing or vouchers, rents in LIHTC units do not change if family income or size changes. LIHTC can, however, be layered on top of a deep affordable housing program in a way that allows rents to be adjusted if a tenant’s income changes.
[4] A developer could agree to make a percentage of their developer’s fee available for technical assistance for residents throughout the redevelopment process. While currently there is no dedicated state funding to provide tenants facing redevelopment with technical assistance, Mass Union plans to pursue this.