Current through Register 1518, March 29, 2024
(1) Consistent with DHCD guidance, the AA shall
determine and authorize the amount of the Contract Rent for the Housing Unit that
will include one or more Residence Units. The Contract Rent may include the cost of
Utilities and shall not exceed the Maximum Allowable Rent for the Housing
Unit.
(2) The Contract Rent is exclusive
of:
(a) any charge for meals, laundry, or other
services provided by the Service Provider or the owner; and
(b) any charge for residential services,
counseling, training, therapy or treatment provided to the Client.
(3) A Client's net Household income
shall be determined in the manner provided in
760 CMR
6.05(2), (3) and (4). Each Client
shall pay an Occupancy Charge for a Residence Unit, which shall be 30% of the
Client's net Household income if the Client must pay for any Utilities; or which
shall be 35% of the Client's net Household income if the Client is not required to
pay for any Utilities.
(4) The Occupancy
Charge for a Residence Unit shall be determined, re-determined and verified as
follows:
(a) At the time of initial eligibility
and at least once in every 12 month period thereafter, the AA shall determine the
Client's net Household income and monthly Occupancy Charge. If the Service Provider
is the Tenant, the Service Provider shall provide the AA with reliable third-party
verification of all the necessary information about income within the time period
required by the AA, and the Client-resident shall provide to the Service Provider
the verification information requested by the Service Provider within the time
period required by the AA, in accordance with DHCD guidance. If the Client is the
Tenant, the Client-tenant shall provide the AA with the verification information
within the time period required by the AA, in accordance with DHCD guidance. The AA
shall then determine whether the Client's Occupancy Charge must be adjusted or
whether the Client is no longer financially eligible pursuant to
760 CMR
38.05(2)(a), and notify the
Service Provider, the Client, and DMH, in accordance with DHCD guidance.
(b) If the Service Provider is the Tenant, the
Service Provider shall inform the AA of all increases or decreases in the
Client-resident's monthly Household income of 30% or more within 30 days of such
increase or decrease. If the Client is the Tenant, the Client-tenant shall inform
the AA of all increases or decreases in the Client-tenant's monthly Household income
of 30% or more within 30 days of such increase or decrease in accordance with DHCD
guidance. When the AA determines that the Client's Occupancy Charge should be
adjusted, the AA shall notify the Service Provider, the Client, and DMH, in
accordance with DHCD guidance.
(c) Any
change in financial eligibility shall be effective six months after which conditions
were met pursuant to
760 CMR
38.05(2)(a). Any increase in a
Client's Occupancy Charge shall be effective on the first payment date of the second
month following the report to the AA and verification of the new income information.
Any decrease in a Client's Occupancy Charge shall be effective on the first payment
date following the report to the AA and verification of the new income
information.
(5) Failure of
the Service Provider to timely comply with the requirements of
760 CMR
38.07(4)(a) through (c), shall
result in loss of the Voucher for which the Service Provider did not meet the
requirements, consistent with DHCD guidance.
(6) The Occupancy Charge shall be paid monthly by
the Client, to the Service Provider when the Service Provider is the Tenant, and to
the owner when the Client is the Tenant. When the Occupancy Charge is paid to the
Service Provider, the Service Provider shall promptly forward it to the owner. The
AA will pay the subsidy portion of the rent (Contract Rent minus Occupancy Charge)
directly to the owner.
(7)
Subsidy Amount.
(a) Where
a Residence Unit is occupied by a Client, the amount of the subsidy equals the
Contract Rent (or prorated portion in the case of a Residence Unit that is only a
portion of a Housing Unit) minus the Occupancy Charge.
(b) Where a Residence Unit is vacant during a
grace period established in accordance with DHCD guidance, and the Service Provider
is the Tenant, the amount of the subsidy equals 100% of the Contract Rent (or
prorated portion in the case of a Residence Unit that is only a portion of a Housing
Unit).
(c) Where a Residence Unit is
vacant beyond a grace period established in accordance with DHCD guidance, and the
Service Provider is the Tenant, the amount of subsidy equals $0 and the Service
Provider is responsible for 100% of the Contract Rent.
