# Mass. Gen. Laws ch. 121B, sec. 5A: Waiver of requirement to appoint tenant member to housing authority board > Massachusetts · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S5A ## Section - **Citation:** Mass. Gen. Laws ch. 121B, sec. 5A - **Heading:** Waiver of requirement to appoint tenant member to housing authority board - **Jurisdiction:** Massachusetts - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MA Code / Part I / Title XVII / Chapter 121B / Section 5A ## Text Section 5A. A housing authority may request a waiver of the requirement to appoint a tenant member to a housing authority board if the department determines that a housing authority provided notice pursuant to section 5 and there is no person who is eligible and willing to serve as a tenant member on the board. The waiver shall be for a term of 1 year and may be renewed by the department. A housing authority shall submit a written statement to the department, explaining why a waiver is being requested and documenting the steps that it took to educate tenants about the right of a tenant to serve on a housing authority board; provided, however, that such steps shall include the housing authority meeting with all local tenants' organizations. Before issuing a waiver, the department shall, in addition to reviewing the written statement, make a determination that the housing authority provided notice pursuant to said section 5. If the department grants a waiver, it shall notify the housing authority and the town that a person other than a person who is eligible to be a tenant member may be appointed to the tenant member seat on the board for a 1-year term. The housing authority shall notify any tenants' organizations of the waiver and post a notice of the waiver throughout common areas of the authority. Section 5A. A housing authority may request a waiver of the requirement to appoint a tenant member to a housing authority board if the department determines that a housing authority provided notice pursuant to section 5 and there is no person who is eligible and willing to serve as a tenant member on the board. The waiver shall be for a term of 1 year and may be renewed by the department. A housing authority shall submit a written statement to the department, explaining why a waiver is being requested and documenting the steps that it took to educate tenants about the right of a tenant to serve on a housing authority board; provided, however, that such steps shall include the housing authority meeting with all local tenants' organizations. Before issuing a waiver, the department shall, in addition to reviewing the written statement, make a determination that the housing authority provided notice pursuant to said section 5. If the department grants a waiver, it shall notify the housing authority and the town that a person other than a person who is eligible to be a tenant member may be appointed to the tenant member seat on the board for a 1-year term. The housing authority shall notify any tenants' organizations of the waiver and post a notice of the waiver throughout common areas of the authority. ## Nearby sections - [Mass. Gen. Laws ch. 121B, sec. 1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S1.md) - [Mass. Gen. Laws ch. 121B, sec. 2 Severability](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S2.md) - [Mass. Gen. Laws ch. 121B, sec. 3 Housing authorities; creation; dissolution](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S3.md) - [Mass. Gen. Laws ch. 121B, sec. 3A Regional housing authorities; creation; dissolution](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S3A.md) - [Mass. Gen. Laws ch. 121B, sec. 4 Redevelopment authorities; creation; dissolution](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S4.md) - [Mass. Gen. Laws ch. 121B, sec. 5 Housing and redevelopment authorities; membership; appointment; election; term of office](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S5.md) - [Mass. Gen. Laws ch. 121B, sec. 5A Waiver of requirement to appoint tenant member to housing authority board](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S5A.md) - [Mass. Gen. Laws ch. 121B, sec. 5B Comprehensive training program for members of a housing or redevelopment authority; technical assistance training for tenant members](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S5B.md) - [Mass. Gen. Laws ch. 121B, sec. 6 Housing and redevelopment authorities; charges against members; hearing; removal; resignation; suspension](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S6.md) - [Mass. Gen. Laws ch. 121B, sec. 7 Officers and executive director of housing and redevelopment authorities; compensation of members](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S7.md) - [Mass. Gen. Laws ch. 121B, sec. 7A Guidelines for contracts to be executed by housing authority and executive director](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S7A.md) - [Mass. Gen. Laws ch. 121B, sec. 8 Operating agencies; housing authorities](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S8.md) - [Mass. Gen. Laws ch. 121B, sec. 9 Urban renewal agencies](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S9.md) - [Mass. Gen. Laws ch. 121B, sec. 10 Operating agencies; designation of authorities](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S10.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXVII_C121B_S5A. Check the current official text before relying on it. Not legal advice.