Code of Massachusetts Regulations
108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES
Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances
Section 7.07 - Services to Prevent Homelessness

Universal Citation: 108 MA Code of Regs 108.7

Current through Register 1531, September 27, 2024

(1) Mortgage Arrearages.

(a) An applicant or recipient who is three or more months in arrears, and otherwise eligible for ordinary or fuel benefits, shall be eligible for residential mortgage arrears so long as he or she provides the veteran's agent with specific reasons supporting said payment. The applicant or recipient shall also submit proof that he or she has used all alternative sources of income and assets and said payment is pre-approved by the Secretary. Any benefit paid in this respect shall be limited to principal, interest, and any assessed fees. The recipient shall be required to submit verification of his or her arrearages. No more than one such payment shall be made to an applicant or recipient in any given three-year period.

(b) For any mortgage arrears over $2,000 the veterans' agent shall execute a repayment agreement which shall be secured as a lien against the applicant's property in the appropriate Registry of Deeds, and shall be enforced if the property is sold within three years of the date of recording the lien. After three years of the recording of the lien, the lien shall become dissolved.

(2) Rental Arrearages to Prevent Eviction.

(a) A veterans' agent shall not pay benefits for overdue rental arrearages, to an applicant who is otherwise eligible for ordinary and fuel benefits, unless he or she first provides the Secretary with specific written reasons supporting said payment and said payment is authorized or approved by the Secretary. Such rental arrears payments shall be allowed only once to a recipient, unless the Secretary decides otherwise.

(b) Such recipient shall be required to submit one of the following verifications of immediate eviction:
1. A notice to quit from a court or landlord.

2. A summary process complaint.

(b) A copy of this verification must be filed in the case record and a copy submitted to DVS.

(c) To prevent eviction, eligible recipients shall be granted a special one-time payment (unless the Secretary otherwise decides,) provided the following conditions are met:
1. A written statement is provided indicating the monthly payment and the months the recipient is in arrears.

2. The landlord agrees in writing that all eviction proceedings will be terminated before or upon receipt of written approval by the veterans' agent and will not be reinstated on the basis of any past or current tenant violations.

3. That the arrearage payment shall be either the full amount of the out standing arrearages or three month's rent, whichever is less.

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