What is generally included in an MOU?
There is no required form for an MOU. Some MOUs are long and detailed. Others are short and general. A tenant group can have one MOU that touches on many issues. It can also have different MOUs that focus on specific issues, such as tenant participation funding, jobs and training, or space for after-school programs for kids. Whatever is included in an MOU offers tenant groups a more detailed layer of protection than what regulations offer.
Included in this booklet is a sample MOU to give you ideas about what to include. There are also other examples of MOUs posted on-line at www.MassLegalHelp.org.
What your tenant organization wants to include in an MOU will depend on your goals and what written policies your housing authority may already have. For example, while the Boston Housing Authority has a written tenant participation policy, each tenant organization negotiates with the housing authority its own MOU about tenant participation funding.
The following is a list of provisions commonly included in an MOU.
Support for tenant group and organizing efforts
Recognition
Your housing authority agrees that your group is the one they will talk to and negotiate with about issues that affect tenants.
Funds for tenant group
The authority agrees to give your group funds to participate, operate, and receive training, agrees to provide accounting assistance to help the group develop its capacity to manage funds, and agrees on a procedure for the tenant group to submit a yearly budget request.
Freedom to organize
The housing authority agrees that tenants have a right to distribute information about the tenant organization and about proposed or current housing authority policies and a right to meet privately without the housing authority. Housing authority agrees to give all new tenants information about the tenant organization and the tenant group agrees to help create the informational materials for new tenants.
Protection against retaliation
The housing authority agrees that it will not retaliate against any tenant who is organizing or who joins a tenant organization.
Office and meeting space
The housing authority agrees to give the tenant organization private office space, a telephone, fax, supplies, a meeting room, access to the internet, and repair services for office equipment.
Training
The housing authority agrees to provide the tenant organization with funds and resources to be trained as a group on the law and organizational issues.
Improved communications
Information and documents
The housing authority agrees to give your group information about its program, how it operates, and access to relevant documents, such as proposed policies and plans, correspondence between the housing authority and HUD and DHCD, minutes from board meetings, and contracts with bidders.
Regular meetings
Members of your organization and housing authority staff agree to meet regularly to discuss issues of concern to both and to have meetings on particular issues where specific staff are invited, such as a meeting on security with the public safety staff.
Board meetings
Your tenant group gets an automatic place on the agenda of the housing authority’s governing board meetings and receives agendas and handouts for the meeting in advance.
- Written responses
The housing authority agrees to provide written responses to written comments that a tenant group makes about any change in policy. This is important to establish a record of the discussion and what is being agreed to.
- Respect
The housing authority and tenant organization agree to treat each other with respect.
- Resolution of disputes
If the housing authority and tenant organization have a dispute that cannot be resolved, both agree to go through arbitration and abide by decisions of an independent arbitrator.
Right to participate in management
Policy changes
The housing authority agrees to meet with the tenant group before changing major policies in order to get tenants’ input.
Housing authority budgets
The housing authority agrees to review its budget requests with the tenant group and to allow tenants a chance to comment on the budget.
Hiring and jobs
The tenant group has a representative on hiring committees for key housing authority staff; receives notice of when the housing authority has job openings; and works with the housing authority to develop economic opportunities for residents.
Modernization
The tenant group has input into modernization plans, the right to be involved in writing requests for proposals to hire firms to do the modernization, and is involved in reviewing where modernization funds are going.
Produced by
Massachusetts Law Reform Institute
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