Introduction
This Manual is to be used by Managers and Management Aides to:
1. Initiate Evictions against Residents and Occupants
2. Bar Non-Residents from BHA property
3. Initiate Appropriate Procedures for Units Voluntarily Vacated or Abandoned
The Manual is organized into 5 general Chapters that are then sub-divided into Sections for specific actions to be taken by managers. You will find that there is overlap in many places. This is deliberate in order to make each Section as independent as possible and to avoid the need to flip back and forth between Sections. The Introduction which follows is a quick over-view to assist the Manager in locating the correct procedures. Careful review of the text and procedures of each Section is essential.
CHAPTER I - Procedures for Non-Payment Evictions (Grievable)
Section 1 - Eviction for Non-Payment of Rent - Procedures for evicting Residents for non-payment of rent.
CHAPTER II - Procedures for Cause Evictions
Eviction for a reason other than non-payment of rent or non-payment of use and occupancy. Some cause evictions require a grievance hearing; others do not. Please read each section below carefully.
Section 2 - Eviction for Cause under Chapter 139 §19 (Non-Grievable)
Use this procedure when the eviction involves:
1) A Resident, or authorized or unauthorized Household member who commits, in the Resident's building, an Unlawful Activity described in "a-j" below,
2) OR a Resident, authorized or unauthorized Household member who commits, on BHA property, an Unlawful Activity under "k" below
Unlawful Activities:
a. Prostitution
b. Assignation (meetings for purposes of illegal sexual activity)
c. Lewdness (illegal sexual activity, including exposure)
d. Illegal Gambling
e. Illegal keeping or sale of alcoholic beverages
f. Habitually serving alcoholic beverages to persons already intoxicated
g. Serving alcoholic beverages to persons whom the tenant knows or has reason to know will operate a motor vehicle
h. Illegal keeping, sale or manufacture of controlled substances, as defined in §31 of Chapter 94C of the General Laws
i. Illegal keeping of a weapon in violation of §10 of Chapter 269 of the General Laws
j. Possession or use of an explosive or incendiary device or other violations of §§ 101, 102, 102A or 102B of Chapter 266 of the General Laws
k. Commits an act or acts which would constitute a crime involving the use or threatened use of force or violence against the person of an employee of the BHA or against any person while such person is legally present on the premises of the BHA.
For further information and procedures, please open Section 2.
Section 3 - Procedures for Eviction under Chapter 121B §32 ¶unnumbered paragraph 7 (Non-Grievable)
Use this procedure when the eviction involves:
1) A Resident, or household member,
2) Who has committed one or more of the Unlawful Activities described in "a-f" below
3) OR a guest of either a Resident or of a member of the household who has committed one of more of the Unlawful Activities, outlined below, where the facts demonstrate that the Resident knew or should have known that the guest would engage in such Unlawful Activity
Unlawful Activities:
a. On BHA property:
i. Unlawfully caused serious physical harm to another BHA Resident or employee, or any other person lawfully on BHA premises
ii. Threatened to cause serious physical harm to another BHA Resident or employee, or any person lawfully on BHA premises
iii. Destroyed, vandalized or stole property of a Resident or BHA or any person lawfully on BHA premises which thereby creates or maintains a serious threat to the health of safety of a BHA Resident or employee or any person lawfully on BHA premises
iv. Engaged in other criminal conduct which seriously threatened or endangered the health or safety of a BHA Resident, employee or any other person lawfully on BHA premises.
b. On or adjacent to BHA property:
i. Possessed, carried or illegally kept a weapon in violation of §10 of Chapter 269 of the General Laws or possessed or used an explosive or incendiary device or has violated any other provision of §§101-102B of Chapter 266 of the General Laws
ii. Unlawfully possessed, sold or possessed with intent to distribute a controlled substance as defined in classes A, B, or C of §31 of Chapter 94C of the General Laws
For further information and procedures, please open Section 3.
Section 4 - Procedures for Grievable Cause Evictions
A. Off BHA Property - Grievable
Use this procedure when the eviction involves:
1) Criminal or drug-related activity commited
2) Off and not adjacent to BHA property (property which does not abut, is not contiguous, proximate or close to BHA property)
3) By a Resident, or Household member
For further information and procedures, please open Section 4.
B. All Others - Grievable
Use this procedure when the eviction involves any other BHA lease violation not covered in Sections 1, 2, 3, and 4A above
For further information and procedures, please open Section 4.
CHAPTER III - Use and Occupancy
Section 5 - Non-Payment and Cause Evictions of Individuals Under Use and Occupancy - Use this procedure for eviction of Occupants for cause or for failure to pay use and occupancy for the unit
Section 6 - Procedures for Cause Evictions of Individuals Under Use and Occupancy - Use this section for eviction of individuals under use and occupancy agreements and under agreements for judgment
Section 7 - Policies and Procedures for Residual Tenancy - Use this procedure for all aspects of residual tenancies
Section 8 - Emergency Transfers - Use this procedure for transfers under use and occupancy
CHAPTER IV - Barring Non-Residents from BHA Property
Section 9 - Procedures for Issuing a No Trespass Notice - Use this procedure for issuing a No Trespass Notice against a non-resident
Section 10 - Procedures to Obtain a 121B 32C Preliminary Injunction - Use this procedure for initiating a court proceeding to obtain a preliminary injunction barring a non-resident from BHA property.
Section 11 - Procedures for Eviction of Squatters - Use this procedure for dealing with unauthorized persons occupying units
CHAPTER V - Vacating A Unit
Section 12- Procedures for Surrendering a Unit - Use this procedure when a Resident vacates a unit voluntarily
Section 13 - Procedures for Abandonment of a Unit - Use this procedure for dealing with abandonment of a unit
Any questions regarding the use of this manual or any of its procedures should be directed to the BHA Legal Department. Questions related to the interpretation of BHA policy may be directed to the Legal Department but also should be presented to and discussed with the Regional Property Manager.
Manager’s Legal Manual
Introduction Revised 10/20/98