Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program
Section 38.02 - Definitions

Administering Agency (AA). A local housing authority established under M.G.L. c. 121B, § 3, or comparable provision of earlier general laws or special act; or a regional administering agency, a nonprofit corporation, or other entity under contract to DHCD to administer the DMH Rental Subsidy Program, which agrees to administer the DMH Rental Subsidy Program for eligible Housing Units leased both to Service Providers and to Client-tenants.

Client. A person who is:

(a) enrolled either in a DMH operated or contracted service having residential support services or DMH case management, pursuant to 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals; and

(b) approved to participate in the DMH Rental Subsidy Program either as a Client-resident or as a Client-tenant.

Client-resident. A Client who resides in a Residence Unit within or constituting a Housing Unit leased to a Service Provider.

Client-tenant. A Client who enters into a lease directly with an owner of a Housing Unit.

Contract Rent. The total monthly rent to be paid to the property owner as specified in the DMH Rental Subsidy Program lease or other contract governing the use of the Housing Unit to house a Client(s). The Contract Rent includes the Occupancy Charge for each Client occupying a Residence Unit within the Housing Unit and the subsidy amount paid by the AA. The Contract Rent will be determined in part on whether the owner or Tenant pays the costs of Utilities.

DHCP. The Massachusetts Department of Housing and Community Development.

DMH. The Massachusetts Department of Mental Health, a department within the Executive Office of Health and Human Services for the Commonwealth of Massachusetts. DMH is responsible for selecting Service Providers and Clients, for allocating rental assistance subsidy funds and for performing inspections of Housing Units leased to Service Providers.

DMH Rental Subsidy Program. A program to assist low-income Clients to live in a residential community setting through the provision of supportive residential services or case management and a rental subsidy. DHCD provides a rental subsidy and DMH provides case management or supportive residential services either directly or through contracted Service Providers.

Eligible Property. A building; development; rooming, lodging, or boarding house; or private residence which meets the requirements of 760 CMR 38.04.

Household. A Client who resides regularly as a single individual or with one or more persons in a Residence Unit as their primary residence and whose income and resources are available to meet their mutual needs. A Household may include more than one individual receiving DMH services. A Household may also include a full-time equivalent live-in Personal Care Attendant approved by the AA, as provided in DHCD guidance.

Housing Unit. All or part of an Eligible Property containing at least one Residence Unit. A Housing Unit may be an SRO.

Immediate Family. The spouse, child, parent, grandparent, grandchild, aunt, uncle, niece, nephew, brother, sister, brother-in-law, sister-in-law, guardian or Household member of an owner of an Eligible Property.

Maximum Allowable Rent. The maximum rent which may be paid to the owner of a Housing Unit in accordance with 760 CMR 38.07 and applicable DHCD guidance.

Occupancy Agreement. An agreement between a Service Provider and a Client-resident that sets forth the terms for a Client-resident's occupancy of a Residence Unit within or constituting a Housing Unit for which the Service Provider is the Tenant, consistent with DHCD and DMH guidance.

Occupancy Charge. The portion of the monthly Contract Rent that is the responsibility of the Household of a Client in accordance with 760 CMR 38.07.

Participant Agreement. An agreement between DMH and a Client-tenant that sets forth the terms for a Client-tenant's participation in the DMH Rental Subsidy Program, consistent with DMH guidance.

Personal Care Attendant. A person who, in accordance with DHCD guidance:

(a) resides with a Client as a Household member solely for the purpose of providing necessary services to the Client or other Household member;

(b) is not obligated to support the Client or other Household members and whose income is not available for the needs of any Household member; and

(c) is paid to provide necessary services to the Client(s), or other Household member(s), including assistance in activities of daily living.

Rental Assistance. The subsidy program authorized by M.G.L. c. 121B, §§ 42 through 44A, and St. 1991, c. 138, § 2, Line Item 5046-1000.

Residence Unit. One or more rooms in which one Household resides, including an SRO, which makes up all or part of an eligible Housing Unit pursuant to 760 CMR 38.03. If a Residence Unit does not constitute the entire Housing Unit, a Household in a Residence Unit may have rights to use common areas within the Housing Unit. The appropriate size of a Residence Unit for a Household shall be determined in accordance with DHCD and DMH guidance.

Service Provider. An entity under contract to DMH that is authorized by DMH to participate in the DMH Rental Subsidy Program, or DMH itself, if it exercises the right to act as Service Provider; which provides services to Clients and may enter into a lease or other contract directly with an owner for use of a Housing Unit by Client-resident(s).

Single Room Occupancy Unit (SRO). A Housing Unit that consists of a single room dwelling used by one individual for living, sleeping, and eating that need not contain food preparation or sanitary facilities, or both, if common facilities are available for use by the occupant of the dwelling.

State Sanitary Code. 105 CMR 410.00: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II).

Tenant. A Client-tenant or Service Provider who enters into a lease agreement with the owner of a Housing Unit.

Utilities. Electricity; any other fuel for heat, hot water or cooking; water; sewer; and any other utility or service approved by DHCD pursuant to DHCD guidance.

Voucher. A contract between an AA and a Tenant which certifies eligibility for the DMH Rental Subsidy Program and sets forth associated program requirements, guidelines, and benefits, and specifies the number and size of Residence Units for which rent is subsidized pursuant to the Voucher in accordance with DHCD guidance.

Voucher Payment Contract. An agreement between an AA and the owner of a Housing Unit that sets forth the terms and conditions for the subsidy payments by the AA to the owner on the Tenant's behalf under the DMH Rental Subsidy Program, consistent with DHCD guidance.