Boston Housing Authority

Policies > Civil Rights Protection Plan: Civil Rights Transfer Requests

Civil Rights Protection Plan

Chapter 13: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.