Why is an MOU important?
There are a number of reasons an MOU is important and worth pushing for, even though the negotiation process takes time.
Sets a better tone for tenant participation
While regulations require tenant participation and recognize that it is beneficial to the running of public housing, creating an MOU makes both tenants and housing authorities more familiar with these regulations. Negotiating an MOU raises a housing authority’s awareness about its legal responsibilities to involve tenants in shaping housing authority policies. It also gives tenants the opportunity to define participation in ways that are truly meaningful to the tenant community.
Builds a working relationship
The process of actually negotiating an MOU helps tenants and housing authorities build a better working relationship, better listening skills, and more empathy for the issues that the other group faces. Tenants develop a better understanding of what challenges housing authorities have to deal with—for example, how to work with limited budgets. Housing authorities develop a better understanding of what problems tenants are having and their ideas for solutions that will work in their community.
Sets up a structure for a partnership
An MOU puts in writing what the partnership between a tenant organization and a housing authority is. It provides a structure for a working relationship. For example, while regulations say that the housing authority should meet “frequently” with tenants,
an MOU can set up a regular schedule for the housing authority and the tenant group to meet—say, once a month.
Clarifies how regulations will be interpreted
While laws provide a framework for resident participation, an MOU can clarify how your housing authority will carry out its responsibilities under the law. For example, regulations say a housing authority must ensure “open communications” with the tenant organization. An MOU can clarify that “open communications” means: access to specific documents, advance notice of any changes in policies, and responses in writing from the housing authority to written comments submitted by tenants.
Protects a tenant organization’s rights over time
Your current tenant organization may have a good working relationship with the current director, but what if a new director comes in who is less open to tenant involvement?
Or what if the leadership in the tenant organization changes and it is less democratic?
An MOU protects tenant groups over time because it says the the tenant group has certain rights no matter who runs the authority or the tenant group.
Can give federal and state tenants the same rights
If your housing authority has both federal and state public housing, an MOU is an opportunity to get state and federal public housing tenants covered by the same policies. Sometimes there are differences between federal and state laws and regulations, and sometimes these differences can be harmonized in an MOU so that federal and state tenants have the same rights. For example, an MOU could say that:
- State tenants, like federal tenants, can be on a Resident Advisory Board (RAB). Worcester, Boston, and Holyoke RABs all include state tenants.
- State tenants, like federal tenants, can be on hiring committees and have input into hiring decisions.
Produced by
Massachusetts Law Reform Institute
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