Boston Housing Authority - Civil Rights Protection Plan

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Home > Department Information > Civil Rights > Civil Rights Protection Plan

Civil Rights Protection Plan

Introduction
Federal and State Statutes
Confidentiality & Non Retaliation Policy
Identifying a Civil Rights Incident
Zero Tolerance Policy for Civil Rights Violations
Civil Rights Hotline
BHA Response Procedures
Non Resident Offenders
Records
Graffiti Removal
Community Outreach
BHA Public Safety Partnership
Civil Rights Transfers Requests
Training and Implementation

INTRODUCTION

It is the policy and duty of the Boston Housing Authority to administer all aspects of its housing programs without regard to race, color, sex, national origin, religion, familial status or handicap. This Civil Rights Protection Plan is designed to protect applicants, residents and their visitors from threats, harassment, violence or abuse while they are on BHA property.

Anyone who believes he/she has been victimized by an alleged discriminatory act in violation of his/her civil rights is strongly encouraged to report the incident to the BHA and the Boston Police Department. Employees who observe any act of discrimination must report the incident immediately. Whenever an incident is reported, BHA employees must adhere to the procedures contained herein.

The BHA has communicated to its residents and prospective residents that any harassment or interference with the civil rights of an applicant, resident or visitor will be prosecuted and result in eviction proceedings. In addition, the Authority has an educational program for employees summarizing the Fair Housing Act, the BHA's non-discriminatory and "zero tolerance" policies and this Protection Plan. All BHA employees share in the responsibility for complying with this Plan and maintaining safe public housing communities.

The Office of Civil Rights oversees the operation of this Plan and ensures that alleged civil rights violations are promptly reviewed and rapidly addressed. The BHA and Boston Police Department continue to work with one another to enhance the quality of life at housing developments, and to prevent or resolve allegations of unlawful conduct quickly.

This Protection Plan is intended to assist employees in identifying, reviewing, and resolving alleged civil rights violations in a competent and expeditious manner. The City of Boston and the BHA remain committed to ensuring that all public housing developments are safe communities for everyone.

FEDERAL, STATE AND LOCAL STATUTES

Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §2000d) - No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Title VIII of the Civil Rights Act of 1968 as Amended in 1988 - (Fair Housing Act, 42 U.S.C §3601 et seq.) Title VIII of the Fair Housing Act of 1968 makes it unlawful to discriminate in any aspect of the provision of housing on the basis of race, color, sex, national origin, religion, familial status, or handicap.

Section 504 of the Rehabilitation Act of 1973 - No otherwise qualified person shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. Pursuant to the Act, the BHA is required to ensure accessibility to qualified persons with handicaps.

Americans with Disabilities Act of 1990 - This Act provides a clear and comprehensive national mandate for the elimination of discrimination against persons with disabilities by providing strong enforceable standards addressing discrimination against individuals with disabilities.

Pursuant to this Act, the BHA is prohibited from discriminating against individuals with disabilities and is required to provide disabled persons with reasonable accommodations, unless doing so imposes an undue hardship on the Authority.

Massachusetts General Law c. 151B - This Act makes it unlawful for an owner, lessee, or managing agent of housing accommodations to refuse to rent or lease to any person or group of persons such accommodations because of their race, religious creed, color, national origin, sex, sexual orientation, ancestry, age or disability.

In addition, it is unlawful for an employer by employer's agent, because of race, color, religious creed, national origin, sex, sexual orientation, ancestry, age or disability of any person to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational hazard.

Massachusetts General Law c. 265 §37 - No person shall by force, or by threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the constitution or laws of the Commonwealth or by the constitution or laws of the United States.

Massachusetts General Law c. 12 §11(i)(h)- Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution of the Commonwealth, has been interfered with, or attempted to be interfered with may institute and prosecute in his/her own name and on his/her own behalf a civil action for relief.

City of Boston Fair Housing Ordinance of 1982 - It is the policy of the City of Boston to ensure that each individual, regardless of race, color, religious creed, marital status, handicap, children, national origin, sex, age, ancestry, sexual preference or source of income shall have equal access to housing and to encourage and bring about mutual understanding and respect among all individuals in the City of Boston by the elimination of prejudice, intolerance, bigotry, and discrimination in the area of housing.

CONFIDENTIALITY & NON RETALIATION POLICY

Information and documents received during any administrative inquiry conducted by the BHA shall be kept confidential to the extent required by law. Individuals shall be entitled to copies of their own affidavits or other signed documents. Federal, state and local law enforcement agencies, including civil rights agencies, shall be provided with such information and documents as is authorized by law.

The BHA will not take retaliatory action against any person for having reported an alleged civil rights violation, or for having aided or encouraged any person to report a civil rights violation, or for having assisted in the investigation of such a report.

IDENTIFYING A CIVIL RIGHTS INCIDENT

When a BHA employee learns of an incident involving threats, harassment, violence or abuse, he/she should immediately report the incident as set forth in the Response Procedures. The determination as to whether a civil rights incident has occurred shall be made by the Office of Civil Rights in conjunction with local law enforcement agencies.

Bias Indicators: Bias indicators are certain facts and circumstances which, coupled with particular language or behavior, suggest that a potential civil rights violation has occurred. The presence of any one indicator does not necessarily mean that a civil rights violation has occurred, but rather is an indication that an Administrative Inquiry is required to make a determination.

Bias Motive: Bias motive is hostility, or negative attitude toward, or prejudice against any group or individual due to race, color, national/ethnic origin, religion, gender, sexual orientation or handicap, which is a factor in whole or in part, in the commission of an act. A bias motive can be implied from the presence of one or more of the following list of bias indicators. This is not an exhaustive list.

Bias Indicators

The offender and victim were of different racial, religious, ethnic/national origin, handicap, sexual orientation or gender groups.

Bias-related oral comments, written statements or gestures were made by the offender which indicate his/her bias.

Bias-related drawings, markings, symbols or graffiti were left at the scene of an incident or anywhere on or about BHA property.

Certain objects, items, or things which indicate bias were used or left behind by the offender(s).

The victim is a member of a racial, religious, ethnic/national origin, handicap, sexual orientation or gender group that is outnumbered by members of another group in the area where the victim lives and/or the incident occurred.

The victim was visiting a location where previous civil rights violations had been committed against other members of his/her racial, religious, ethnic/national origin, handicap, sexual orientation or gender group.

Victims or witnesses perceive that the incident was motivated by bias.

The victim was engaged in activities promoting a racial, religious, ethnic/national origin, handicap, sexual orientation or gender group.

The incident coincided with a holiday relating to, or a date of particular significance to a racial, religious, ethnic/national origin, handicap, sexual orientation or gender group.

The offender was previously involved in a similar incident or is a member of, or associates with, a hate group.

A historically established animosity exists between the victim's group and the offender's group.

The victim was in the company of, married to, or dating, a member of a targeted group.

The victim has received harassing mail or phone calls or has been the victim of verbal abuse based on his/her affiliation with a targeted group.

The statutes listed above and the BHA Lease Agreement are violated when an individual, on or about BHA property, commits or attempts to commit, or participates in the commission of an act which is motivated by a bias toward any person. The act can be in various forms, and the above list is not intended to include every example of a civil rights violation. For example, an act may include, threats, intimidation, harassment, breaking windows, damaging property, physical violence, etc.

ZERO TOLERANCE POLICY FOR CIVIL RIGHTS VIOLATIONS

The BHA has zero tolerance for civil rights violations on Authority property. A resident's entire household will be subject to eviction if the resident, any member of the resident's household, any guest, or any other person under the resident's control is determined to have violated the civil rights of any person, while on BHA property, in violation of the resident's BHA Public Housing Lease. The BHA's procedures for responding to civil rights violations are set forth in the Civil Rights Protection Plan.

CIVIL RIGHTS HOTLINE

The Office of Civil Rights has established a non-emergency 24 hour Hotline for the reporting of incidents at housing developments. This telephone number is clearly posted in all development management offices.

The hotline is not intended to replace the requirement of completing the Administrative Report Form. Residents reporting incidents at the development office must be interviewed by management staff at the development. Development staff should not refer a resident to the hotline when the incident is reported at the development.

During regular business hours, Office of Civil Rights staff are responsible for responding to incidents reported through this number. The following procedures shall apply to these calls.

Identify emergency situations and get immediate police assistance if the situation warrants.
Inform the Reporter that this is a non-emergency number, and that if immediate police assistance is required they should call 9-1-1.
List the call in the Office of Civil Rights Phone Log. All calls received via this telephone line must be listed in the log book.
When speaking with the reporter make arrangements to schedule a personal interview with the reporter, unless the reporter refuses to identify him/herself. This interview may be conducted at the Office of Civil Rights or at a location convenient to both parties, or by telephone. Once the Form is completed the Response Procedures contained herein must be adhered to.
Inform the tenant of their right to file a complaint with the U.S. Department of Housing and Urban Development (HUD), Fair Housing Enforcement Center, under the Fair Housing Act, when the caller reports bias motivated verbal harassment, threats, intimidation or coercion.
Inform the tenant of the procedures that the BHA will follow during its administrative inquiry into the incident.
When the caller reports verbal harassment, threats, intimidation or coercion, inform the tenant of the possible relief available if the BHA administrative inquiry or any Police Department investigation uncovers evidence of a civil rights violation, i.e. obtaining a no trespass order or temporary restraining order against the offender, emergency transfer to protect the tenant, eviction of the offender, etc.

Procedure During Non-Business Hours

During non-business hours including weekends and holidays, the following procedures shall apply to calls received during these hours:

The Office of Civil Rights will forward the hotline to the BHA Police 24-hour dispatch center, which will:

Identify emergency situations and request immediate police assistance if the situation warrants.
Request the name of the Reporter, and telephone number or address which will allow the Office of Civil Rights to contact him/her on the next business day. The Reporter should be advised that it is not necessary to provide their full name, however, they must provide a contact number or address.
Complete the Administrative Report Form (CRARF) when the caller reports verbal harassment, threats, intimidation or coercion.
When appropriate, dispatch a patrol officer to complete an incident report.

RESPONSE PROCEDURES

Civil rights violations will be reviewed by both the BHA and the Boston Police Department and in some cases by the Office of the Attorney General. The BHA will conduct an Administrative Inquiry whenever a report is filed, and will initiate appropriate civil action against the offender. The Boston Police Department will conduct a criminal investigation and, where appropriate, will forward its findings to the Office of the District Attorney for criminal prosecution and Office of the Attorney General for civil injunctive relief.

The BHA's response to an incident begins when the incident is initially reported to, or observed by, an employee.

The Incident Must be Reported to the Boston Police Department

1.1 When a tenant alleges he/she has been victimized by a civil rights incident, the Housing Manager or other BHA employee shall report the incident to the BHA Police if the tenant has not already done so. When a BHA employee observes a civil rights incident he/she must immediately report the incident to 911 and/or the BHA Police.

1.2 When a BHA employee observes a civil rights incident or any graffiti, writing or drawings containing bias indicators on BHA property, he/she must immediately report the incident to their supervisor or the Housing Manager of the development where the observation was made. Supervisors must immediately report the incident to the Housing Manager of the appropriate development or the Office of Civil Rights.

1.3 When a Housing Manager or the Office of Civil Rights is notified of a civil rights incident by a BHA employee, all procedures contained herein must be followed, beginning with notification to the Boston Police Department and/or the BHA police.

Completing the Administrative Report Form

Incidents Reported at the Development Management Office

2.1 When a tenant notifies the Development Management Office alleging they have been the victim of a civil rights incident, the Housing Manager or Assistant Manager (or if unavailable any other administrative staff person in the development office) must complete the BHA Administrative Report Form.

If the tenant reports the incident by telephone, the employee taking the call should make an effort to schedule a personal interview to complete the Administrative Report Form. This meeting may take place at the development management office or at another mutually convenient location. If the reporter refuses to identify him/herself, the employee must get as much information from the caller as possible in order to complete the Administrative Report Form.

Incidents Reported Anonymously

2.2 When a tenant notifies the Development Management Office alleging he/she has been the victim of a civil rights incident and refuses to identify him/herself, the employee must encourage the tenant to provide information through which the Office of Civil Rights may contact them.

Using the information provided, complete the Administrative Report Form to the extent possible, indicating on the form that the report was made anonymously.

Advise the tenant that he/she should schedule an interview with the Development Manager or Office of Civil Rights so as to assist the investigation of the incident. Indicate to the reporter that his/her name will remain confidential to the extent possible.

2.3 In all cases the Housing Manager or Assistant Manager (or if unavailable any other administrative staff person in the development office) must:

Identify emergency situations and get immediate police assistance;
Complete the BHA Administrative Report Form and provide a copy to the tenant reporting the incident.
Inform the tenant of his/her right to file a complaint with the U.S. Department of Housing and Urban Development (HUD), Fair Housing Enforcement Center, under the Fair Housing Act;
Inform the tenant of the procedures that the BHA will follow during its administrative inquiry into the incident;
Inform the tenant of the possible relief available if the BHA administrative inquiry or any Police Department investigation uncovers evidence of a civil rights violation, i.e. obtaining a no trespass order or temporary restraining order against the offender, emergency transfer to protect the tenant, eviction of the offender, etc.
When possible, assist the tenant in identifying the offender in those cases where the tenant cannot identify the offender by name.
Give the tenant a fact sheet informing the tenant of his/her rights, outlining the CRPP's procedures, describing possible relief that is available, and listing the telephone numbers to file a complaint with HUD and MCAD.

2.4 When completing the Administrative Report Form, the following guidelines must be followed:

The Administrative Report Form must be completed for each reported incident.
Every question on the form must be answered to the extent possible.
Only the Housing Manager or Assistant Manager or if unavailable any other administrative staff person in the development office, should complete the form.
Call the BHA Office of Civil Rights to notify the Department of the incident.
Immediately send the Report to the BHA Office of Civil Rights and Public Safety Department and the Regional Property Manager. The Report should be faxed and must be sent by interoffice mail within twenty-four (24) hours of taking the report. Do not wait for additional documentation or information from the Reporter.
Include your account of the incident or any background information in the "manager comment" section, as this is critical to a thorough investigation.
Place a copy of the Report in the tenant file and provide the Reporter with a copy.
When the alleged offender is identified and is a BHA resident, or guest of a resident, a private conference with the head of household must be scheduled within three (3) days, but in no case more than seven (7) days. The private conference must be held no later than twelve (12) days after the incident is reported.
Encourage the resident to report all future incidents to the Boston Police Department and the Management Office.
Advise the resident of their right to apply for a transfer.

Incidents Reported Directly to the Office of Civil Rights

2.5 When a tenant orally or in writing reports an incident to the Office of Civil Rights instead of the Development Office, the Office of Civil Rights must follow the same guidelines as stated above with the following exceptions;

The Incident Report must be forwarded to the Development Office and Regional Property Manager within twenty-four (24) hours.
The Report must be completed by an Office of Civil Rights staff person.
The individual completing the report should consult the Housing Manager to incorporate their analysis of the incident.

Making a Log Book Entry

3.0 Each Housing Development Office must maintain a log book recording each reported civil rights incident. This log will allow Housing Managers to track the number and type of incidents in their developments, and allow them to cross reference information with the Office of Civil Rights.

3.1 A central log book will be maintained by the Office of Civil Rights. This log will record all reported bias incidents on BHA property.

3.2 When making a log book entry at the Development Office or Office of Civil Rights, the following guidelines must be followed:

The incident must be recorded at the same time the Administrative Report is taken, and;
The log book must contain the following information:
- File number - This number is printed on the upper right hand corner of the Administrative Report Form,
- Name, address and telephone number of the Reporter,
- Description of the nature of the complaint - brief description of incident,
- Name and address of the offender(s) if known - if you obtain this information at a later time, the entry should be supplemented.

Initiating a Private Conference

4.0 When the offender(s) can be identified and is a BHA resident, a member of a resident's household, a guest or other person under the resident's control, the Housing Manager must schedule a Private Conference with the head of household within three (3) days, but in no case more than seven (7) days. The private conference must be held no later than twelve (12) days after the incident is reported. This is intended to be a formal private conference and not an informal private conference. These time frames begin when the development receives notice of the offender(s) identity.

4.1 When the offender is alleged to be a household member listed on the lease, the Housing Manager may request that the offender also attend the Private Conference.

4.2 The following guidelines should be followed when initiating the Private Conference.

A Private Conference must be held in all cases involving a bias indicator and where the offender has been identified.
Only the Manager or Assistant Manager should conduct the private conference.
Housing Managers are strongly encouraged to have a BHA Civil Rights or BHA Public Safety Department staff person attend the private conference if necessary and appropriate.
At the request of the Reporter, the Housing Manager, shall request an employee from the Office of Civil Rights or Public Safety Department, or an officer from the Boston Police Department Community Disorders Unit (CDU) to attend the private conference.
When appropriate, the Housing Manager may request that the Reporter also attend the private conference.
When the offender cannot initially be identified, but as a result of an Administrative Inquiry or police investigation the Housing Manager learns of the identity of the offender, and said person is a BHA resident, or the guest of a resident, a private conference with the head of household must be scheduled within three (3) days, but in no case more than seven (7) days later. The private conference must be held no later than twelve (12) days of the Housing Manager learning of the identity of said person.
After the Private Conference, the Housing Manager must send a memorandum to the Office of Civil Rights and to the Regional Property Manager summarizing who was present and what occurred at the Private Conference.
Depending upon the nature of the circumstances and severity of the incident, the Housing Manager may initiate eviction proceedings by serving the head of the household of the offender with a Notice To Quit and Notice of Termination after the Private Conference.

Commencing an Eviction Action

Violation of the Lease Agreement

5.0 Section 9(B)(8) of the BHA lease states that the lease may be terminated and eviction proceedings commenced by the BHA due to the:

"Commission by Resident, a member of Resident's household, a guest or other person under Resident's control of: a. Any criminal or other activity which threatens the health or safety of other residents or BHA employees, or which threatens their rights to peaceful quiet enjoyment of public housing premises."

This clause of the lease should be strictly enforced by all management personnel.

Commission of a Criminal Act is not Required

5.1 Even when an incident involving a bias indicator is not determined to be illegal, it may still constitute "other activity which threatens the health or safety of other residents or BHA employees, or which threatens their rights to peaceful quiet enjoyment of public housing premises," and therefore meets the threshold for initiating a cause eviction.

5.2 As soon as a tenant reports an incident to the Management Office, the Housing Manager may commence eviction proceedings by serving the Notice To Quit after the Private Conference, based upon a violation of this lease provision.

Deciding Whether to Initiate an Eviction

5.3 The Housing Manager must decide whether to proceed with an eviction action and must consult with the attorney assigned to their development in making this decision. He/she is also encouraged to consult with the Office of Civil Rights and his/her Regional Property Manager . The decision to evict can be made at any time after the private conference.

5.4 It is not a prerequisite to serving the Notice To Quit and Notice of Termination to wait for the Office of Civil Rights to complete its Administrative Inquiry and/or the Boston Police Department to complete its investigation, or for the offender to be arrested and/or convicted in criminal court.

5.5 In determining whether or not to continue with eviction proceedings after the Private Conference, Housing Managers should evaluate the following criteria:

Whether the tenant, household member, or guest committed the act with a bias intent or motive.
Whether the tenant, household member or guest, has committed prior acts of misconduct.
Whether there is insufficient evidence supporting defenses (i.e. alibi, mistaken identity, self defense, etc.).
Whether reliable and credible witnesses are available to show that the incident was committed by the tenant, household member or their guest.
Whether there is other available, reliable and credible evidence to show the incident was committed by the tenant, household member or guest.
Whether there are any special hardships or mitigating circumstances.
The seriousness and circumstances of the incident.

Administrative Inquiry by BHA Office of Civil Rights

6.0 Upon receipt of the Administrative Report Form, the BHA Office of Civil Rights must;

Conduct an Administrative Inquiry of the facts and circumstances surrounding the incident, and prepare a report detailing the incident including any recommendations.
Request a copy of the BPD Police report for each bias related incident and if available, keep a copy of the police report with the CRARF in the administrative inquiry case file.

6.1 The following factors should be considered when conducting the Administrative Inquiry:

The identity of the offender(s).
The nature of the incident.
Whether the offender(s) acted with a bias motive or intent.
Whether the offender has committed prior acts of misconduct.
Whether there is insufficient evidence supporting defenses (i.e., alibi, mistaken identity, self defense, etc.)
Whether reliable and credible witnesses are available to support the contention that the act was committed by the tenant or a member of the their household.
Whether there is other available, reliable and credible evidence to support the contention that the act was committed by the tenant or a member of the their household.
Whether there are any special hardships or mitigating circumstances.
Whether the household member who committed the act is of a young age.
Whether the tenant took steps to prevent the household member's misconduct.
Whether the action of the tenant or other members of the household was taken in response to another incident.
The seriousness and circumstances of the incident.
Whether it is certain that the offender/household member will not return.

6.2 When appropriate, the Office of Civil Rights will consult with the Community Disorders Unit (CDU) of the Boston Police Department during the inquiry. In addition, the Office of Civil Rights will act as a liaison between Housing Managers and the CDU, advising them of progress in the investigation and whether the CDU confirms the violation of a criminal statute. The Administrator, Deputy Administrator, Director of Property Management Regional Property Manager, Housing Manager and BHA Police should be kept informed of all developments in the case.

6.3 The Administrative Inquiry must be completed within fourteen (14) days of receiving the Incident Report Form from the Housing Manager. When an incident is reported directly to the Office of Civil Rights, the Administrative Inquiry must be concluded within fourteen (14) days of taking the report. For good cause shown, the Office of Civil Rights may request an additional fourteen (14) days to complete the Administrative Inquiry from the BHA Office of Legal Counsel . The Director of Civil Rights or his/her designee must update the Reporter in writing on the status of the Inquiry every fourteen (14) days.

6.4 Within two business days of its conclusion, a copy of the Administrative Inquiry shall be sent to the appropriate Housing Manager, Regional Property Manager, and the BHA attorney assigned to the development. In all cases where a transfer has been requested, the report must also be sent to the Director of Occupancy within two business days of the Administrative Inquiry's conclusion.

NON-RESIDENT OFFENDERS

When the offender(s) is identified but is not a BHA tenant or member of a resident' household, the Housing Manager or Office of Civil Rights may in addition to the procedures contained herein, request the Boston or BHA Police Department to issue a No Trespass Notice against the offender.

Housing Managers or the Office of Civil Rights may also request that the BHA Legal Department file a petition requesting the Housing Court to issue a preliminary injunction prohibiting the offender from entering BHA property.

The BHA Legal Department, where appropriate, will file a complaint pursuant to Massachusetts General Laws c. 121B requesting the issuance of a preliminary injunction against the offender.

When Housing Managers or the Office of Civil Rights receive information regarding violations of trespass notices, temporary restraining orders, and preliminary injunctions, they must promptly contact the Boston Police Department and/or the BHA Police and request that these orders and notices be enforced.

RECORDS

The Office of Civil Rights shall act as the central repository for all documents pertaining to alleged violations. The Department must ensure that a file number is assigned to each case as soon as an incident is reported.

The Office of Civil Rights and each Development will maintain a log book of all complaints of threats, harassment, violence or abuse by tenants or their visitors, stating:

the file number
the name, address and telephone number of the Reporter,
a brief description of the complaint, and
the name and address of the offender, if known.

The Office of Civil Rights will create and maintain an individual file for each incident containing records;

detailing the administrative inquiry of the allegation, including statements of all witnesses and employees interviewed and;
describing all actions taken by the BHA.

One file will be maintained for each person filing a report. The same file will be used for any subsequent incident reports. All documents associated with the incident(s) must be kept in this file. Copies of all no trespass notices, restraining orders and injunctions relevant to the administrative inquiry will be kept in the case file.

The Office of Civil Rights Log Book will record all reported bias incidents on BHA property.

All records will be preserved for a period of no less than five years following the date of the incident.

GRAFFITI REMOVAL

The Housing Manager at each development is responsible for conducting weekly inspections of the development property, including all interior hallways, for the specific purpose of locating bias-related graffiti. The Housing Manager may designate one or more BHA employees at that development to do all or part of the weekly inspection. The employee or employees who are designated to perform such inspections must fill out a record confirming the date and location of these weekly inspections, and whether any bias related graffiti was found. This weekly inspection report must be maintained in the development office, and must be reviewed monthly by the Regional Property Manager.

Whenever an employee observes bias-related graffiti, whether pursuant to the above-described weekly inspection duties or otherwise, that employee must report such bias-related graffiti to the Housing Manager or Assistant Manager. The Housing Manager or Assistant Manager (or if unavailable other administrative staff person in the development office) must, in turn, notify the Regional Property Manager, the Boston Police Department or the BHA Public Safety Department, and the BHA Office of Civil Rights of each incident of bias-related graffiti in writing, using the Administrative Report Form described herein.

Promptly upon receiving notice of any bias-related graffiti on development property, the Housing Manager or Assistant Manager, or if unavailable any other administrative staff person in the development office, shall cause instant photographs to be taken of such graffiti. The Housing Manager or Assistant Manager must then cause the bias-related graffiti to be removed within one business day of that person receiving notice. The Housing Manager or Assistant Manager must maintain a photograph of each incident of bias-related graffiti in the Development Management Office and promptly forward a photograph of each incident of bias-related graffiti to the Office of Civil Rights.

When an employee observes bias-related graffiti after-hours, that employee must promptly report the graffiti to the BHA Public Safety Department which shall promptly cause instant photographs to be taken of the graffiti and then cause the graffiti to be removed. The BHA Public Safety Department shall report the graffiti to the Housing Manager or Assistant Manager and to the Office of Civil Rights by the next business day.

The Housing Manager is responsible for ensuring that graffiti is promptly photographed and removed and that the proper notifications are promptly made.

Boston Police Department Response

The above-described BHA response to incidents of bias-related graffiti is in addition to the Boston Police Department's proactive plan to address acts of bias-related graffiti. Whenever the CDU receives an Administrative Report Form and/or photograph of bias-motivated graffiti, it conducts a follow-up investigation into such graffiti.

COMMUNITY OUTREACH

As part of its overall civil rights strategy, the BHA will continue to organize community meetings with residents to establish a dialogue regarding civil rights and public safety issues. The Authority will work with community, youth, and religious leaders toward establishing an overall safe environment for all residents. The U.S. Department of HUD and the City of Boston Fair Housing Commission will be kept apprised of these outreach efforts, and the BHA will request their participation and input whenever warranted. The BHA will encourage participation from all residents in this program. The Authority will continue to organize meetings with BHA Tenant Task Force members. The Boston Police Community Disorders Unit's presence at these meetings will be determined based on need and subject matter.

BHA PUBLIC SAFETY PARTNERSHIP

In September 1995, a Boston Housing Authority public safety partnership was formed between the Boston Police Department (BPD), the Boston Housing Authority Police and the Boston Municipal Police. Its primary purpose was to implement a plan which would significantly improve the level of public safety services to the BHA's public housing developments. This partnership was formalized in a Memorandum of Understanding Regarding Boston's Public Housing Developments and The Long Term Strategy For Implementing Neighborhood Policing Between the City of Boston and Boston Housing Authority in September 1995.

The purpose of this partnership is to provide a bridge between the current policing resources and deployments in BHA developments and the City's long term neighborhood policing strategy. This partnership recognizes that BHA housing developments are integral parts of Boston's neighborhoods and must be made a complete, and "seamless" part of the City's overall public safety strategy.

Boston Police Department

In April 1996 the Boston Police Department established a Deployment Plan to further the goals of the public safety partnership. This Deployment Plan contains procedures for consistent uniformed coverage in the BHA developments impacted by community disorder incidents, detailed response strategies, training provisions, intelligence gathering, and improved communication amongst all parties including the public.

The Boston Police Department remains the primary city agency responsible for protecting the constitutional rights of every individual, including the residents of Boston Housing Authority developments. The BPD will continue to be the primary responder to all 9-1-1 calls in all public housing developments.

Through Neighborhood Policing, an operating philosophy that relies on decentralizing the decision making process and on incorporating input from all members of the community in that process, the Department seeks both to improve the quality of life for all residents and to enhance the working relationship between neighborhoods and the Department. District Commanders and Community Service Officers are responsible for maintaining liaison, communication and rapport with the Housing Managers of the BHA developments in their Districts.

Special Police Division, Bureau of Field Services

Within the framework of Neighborhood Policing, the Special Police Division, in coordination with the District Commanders, is charged with the responsibility of providing the security and enforcement needs of all BHA developments. The Special Police Division coordinates the patrol and enforcement activities of both the BHA Police and the Boston Municipal Police.

Community Disorders Unit, Bureau of Investigative Services

The Community Disorders Unit (CDU) is the investigative unit of the Boston Police Department responsible for determining whether reported incidents directed against individuals constitute criminal civil rights violations. The CDU investigates incidents that are referred to them by other units within the BPD, or by the BHA's Public Safety or Office of Civil Rights.

If the CDU determines, after investigation, that a civil rights violation has occurred, the case shall be referred to the District Attorney's Office for prosecution. The decision whether to commence a criminal prosecution rests with the District Attorney.

If the CDU determines that a civil rights violation has occurred, and a civil rights injunction is necessary to stop such conduct from continuing or occurring in the future, the case will be referred to the Civil Rights Division of the Office of the Attorney General.

Criminal investigations conducted by the Boston Police Department are separate and distinct from the administrative inquiry that is conducted by the BHA Office of Civil Rights.

BHA Coordination with the Boston Police Department

The Office of Civil Rights is responsible for acting as a liaison between the BHA and the Boston Police Department Community Disorders Unit.

The Office of Civil Rights and the Community Disorders Unit will periodically conduct a status review of all pending cases. The CDU shall keep District Commanders and the Commander of the Special Police Division informed of the status of such cases.

CIVIL RIGHTS TRANSFER REQUESTS

Pursuant to the BHA's Tenant Selection, Assignment and Transfer Plan (TSAP) or Admissions and Occupancy Policy (A&O Policy), a BHA tenant who is the victim of physical harassment, extreme or repeated vandalism to personal property, or extreme or repeated verbal harassment, threats, intimidation, or coercion, which is bias motivated and which cannot be remedied in other ways, such as by BHA eviction of the people responsible for such harassment or other action, may qualify for a transfer to another unit within the development or to another BHA development, or other appropriate subsidized housing program. Extreme or repeated instances of bias-motivated verbal harassment, threats, intimidation, or coercion may constitute grounds for an emergency transfer, even absent physical injury or property damage suffered by the victim of such verbal harassment, threats, intimidation, or coercion.

When a tenant requests a transfer due to threats, harassment, violence, or abuse containing bias indicators, the Administrative Report Form must state that a transfer request based upon alleged civil rights violations has been initiated and must indicate the date the transfer request form was submitted. The Housing Manager may provide a written recommendation on transfer requests and must forward all such requests to the Occupancy Department and the Office of Civil Rights within one (1) working day of their receipt by the Development Management Office. The tenant must be provided a copy of his or her transfer request form when it is submitted to the Development Management Office, along with an information sheet containing the name and phone number of the Transfer Process Coordinator, so that the tenant may obtain updates on the status of his or her transfer request.

Upon receipt, the Occupancy Department will date and time stamp the request, record its receipt in its management information system, and will forthwith (no later than the next working day) forward a request for an investigation and recommendation to the Office of Civil Rights. The Occupancy Department may also request the BHA Public Safety to conduct an investigation. A record shall be maintained of the date of each such referral.

The Office of Civil Rights and the BHA Public Safety Department, if applicable, must complete their Administrative Inquiries and/or investigations within fourteen (14) days of the request by the Occupancy Department, or within fourteen (14) days of the receipt of the incident report, whichever is earlier. For good cause shown, the Office of Civil Rights and/or the BHA Public Safety Department may request an additional fourteen (14) days to complete their Administrative Inquiry and/or investigation from the Transfer Review Committee. In the event that the Office of Civil Rights and/or the BHA Public Safety Department is unable to complete its Administrative Inquiry and/or Investigation within fourteen (14) days, the Director of the Office of Civil Rights and/or the Deputy Chief of the Public Safety Department, or their designees, as the case may be, must, by the fourteenth (14th) day, provide a report to the Transfer Review Committee detailing the current status of the Administrative Inquiry and/or Investigation.

Within seven (7) days of its receipt of the Office of Civil Rights' recommendation on a transfer request alleging civil rights violations, the Occupancy Department must forward such transfer request, together with the written recommendations of the Housing Manager, if any, the Office of Civil Rights, and the BHA Public Safety Department, if applicable, to the Transfer Review Committee. The Transfer Review Committee shall consider such recommendations. The Transfer Review Committee must conduct a review and issue a decision on each such transfer request no later than seven (7) days of its receipt of the recommendation from the Office of Civil Rights and/or BHA Public Safety Department. For good cause shown, the Transfer Review Committee may taken an additional seven (7) days to issue a decision on a transfer request. All such tenants whose transfer requests are granted by the Transfer Review Committee must be offered the next appropriate unit, taking into consideration the size of available units and the greater emergency needs of other tenants, consistent with the TSAP, Section VI.A.1. Until an appropriate unit is offered, the BHA will take reasonable steps to address any further threats to, and harassment, intimidation, or coercion of, such tenants.

Whenever the Director of Civil Rights determines that the circumstances warrant immediate action regarding a transfer, he or she will immediately notify the Transfer Review Committee of such determination in writing. The Transfer Review Committee will immediately convene an emergency session to conduct a review and issue a decision on such transfer request. All such tenants whose transfer requests are granted by the Transfer Review Committee must be offered the next appropriate unit, taking into consideration the size of available units and the greater emergency needs of other tenants, consistent with the TSAP, Section VI.A.1. Until an appropriate unit is offered, the BHA will take reasonable steps to address any further threats to, and harassment, intimidation, or coercion of, such tenants.

If a transfer request is denied, the Transfer Review Committee must state with specificity the reason for the decision.

The BHA will maintain in its employ a Transfer Process Coordinator whose duties will be dedicated exclusively to oversight and coordination of the transfer process. The Transfer Process Coordinator must within two (2) business days, respond to any tenant inquiry regarding transfer request status. The Transfer Process Coordinator must notify the tenant, the Director of Civil Rights, the Director of Occupancy, and the appropriate Housing Manager of the Transfer Review Committee's decision on each transfer request within two (2) business days of such decision.

All transfers remain governed by federal and state law and regulations, the TSAP, the A&O Policy, and other applicable BHA policies and procedures.

TRAINING AND IMPLEMENTATION

On an annual basis all BHA tenants will be advised of the protections afforded to them by the Fair Housing Act. This annual notice reminds tenants that the BHA will take appropriate action, including eviction against anyone who harasses, threatens, or abuses any person, or commits an act of violence while on BHA property. Residents are encouraged to report any incident involving a potential violation of their civil rights to the Boston Police Department by calling 9-1-1, and the BHA, preferably at the Housing Development Office. New tenants are given a similar notice.

A summary of the Civil Rights Protection Plan and transfer procedures is given to all public housing applicants during Occupancy Department briefing sessions and screening interviews. These summaries, the Civil Rights Protection Plan and the current transfer policy are available for review by all residents at BHA management offices.

All current BHA employees have been advised of the Authority's non-discrimination policies and their responsibilities under the Fair Housing Act. New employees are similarly advised by a letter from the Administrator at the commencement of employment. All employees in management positions, and all persons working in development offices receive a copy of this Plan. All other employees receive a summary of the Plan. Employees must sign an acknowledgment form within fourteen days of receipt.

The BHA's Office of Civil Rights, in cooperation with the City of Boston and Boston Police Department has initiated Civil Rights and Diversity Leadership Training Programs. These comprehensive programs focus on identifying, investigating and eliminating civil rights violations within the public housing environment. Employees responsible for enforcing this Plan participate in these training programs. Upon completion, each employee must sign a statement acknowledging their participation in the program.

Moreover, as part of the BHA Public Safety Partnership, efforts have been taken by the Boston Police Department Academy and Community Disorders Unit to re-familiarize all BPD supervisors, detectives and police officers with the Department's policies, definitions and procedures on community disorders.

All members of the partnership receive ongoing training in dealing with bias crimes. A two and one half day seminar conducted by the BPD Academy and the CDU has been implemented to reach every supervisor and police officer in the partnership. Additionally, all members of the partnership will also receive in-service training related to civil rights and public housing development through the BPD Academy.