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 38.05 - Client Eligibility

(a) be financially eligible as determined by the AA pursuant to 760 CMR 5.06(1), 760 CMR 38.07(3) and DHCD guidance;

(b) participate in DMH operated or contracted supportive residential services or case management as determined by or pursuant to 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals and DMH guidance;

(c) not be the owner or manager of the Eligible Property, a member of the owner's or manager's Immediate Family, or residing in a Household with a member of the owner's or manager's Immediate Family; and

(d) be selected as a Client-resident or Client-tenant pursuant to 760 CMR 38.06.

(a) Six months have passed after the first date on which both of the following conditions are met:

(b) The Client fails to comply with the recertification requirements in 760 CMR 38.07(4), in accordance with DHCD guidance.

(c) The Client applies for and receives another housing subsidy, such as a voucher issued pursuant to 760 CMR 49.00: Massachusetts Rental Voucher Program, or Section 8 of the Housing Act of 1937, 24 CFR 982, in accordance with the following and pursuant to DHCD guidance:

(d) The Client ceases to participate in DMH supportive residential services or case management, as applicable, pursuant to 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals, or otherwise violates the Occupancy Agreement or Participant Agreement applicable to the Client, in accordance with DMH guidance.

(e) The Client otherwise no longer qualifies as a Client-resident or Client-tenant under 760 CMR 38.06.

(a) Notices and procedures regarding termination of a Client's participation in the DMH Rental Subsidy Program based on the Client's ineligibility pursuant to 760 CMR 38.05(2)(a), (b), (c), or (e) (other than ineligibility determined by DMH) shall comply with 760 CMR 38.06(1)(d) or 38.06(2)(i), as applicable, and the grievance procedures set out in 760 CMR 6.00, except as otherwise established by DHCD guidance. Each AA shall establish termination notices and procedures subject to DHCD approval that include proper written notice to all applicable parties, including notice of the opportunity to request a reasonable accommodation and the opportunity for grievance and appeal.

(b) Notices and procedures regarding termination of a Client's participation in the DMH Rental Subsidy Program based on the Client's ineligibility pursuant to 760 CMR 38.05(2)(d) or (e) (for ineligibility determined by DMH) shall comply with 760 CMR 38.06(1)(e) or 38.06(2)(j), as applicable, and the requirements set out in 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals and DMH guidance.

(c) Notices and procedures regarding termination of a Client's participation as a Client-tenant in the DMH Rental Subsidy Program pursuant to 760 CMR 38.06(2) shall comply with 760 CMR 38.06(2)(i) and the grievance procedures set out in 760 CMR 6.00: Occupancy Standards and Tenant Participation for State-aided Housing, except as otherwise established by DHCD guidance. Each AA shall establish termination notices and procedures subject to DHCD approval that include proper written notice to all applicable parties, including notice of the opportunity to request a reasonable accommodation and the opportunity for grievance and appeal.