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 38.08 - Operating Documents
Universal Citation: 760 MA Code of Regs 760.38
Current through Register 1531, September 27, 2024
(1) The documentation for Housing Units with the Service Provider as Tenant shall consist of:
(a) a written lease or other contract, including
any addendum, executed by the Service Provider and the owner of the Housing Unit,
all in the form prescribed by DHCD, which shall include all applicable provisions
governing the use of the Housing Unit to house Client-residents and provisions for
financial assistance for the Housing Unit;
(b) a Voucher Payment Contract executed by the
owner of the Housing Unit and the AA in the form prescribed by DHCD;
(c) a Voucher executed between the Service
Provider and the AA in the form prescribed by DHCD which shall include an addendum
listing all Housing Units eligible under the Voucher; and which shall provide the
circumstances and manner in which, in the event of a Client-resident's loss of
eligibility for the DMH Rental Subsidy Program, the level of subsidy payments
authorized by the voucher shall be reduced or terminate accordingly and the Service
Provider shall be responsible for the balance of rent under the lease; and
(d) An Occupancy Agreement in the form prescribed
by DMH, consistent with DHCD guidance, executed by the Service Provider and the
Client-resident.
(2) The documentation for Housing Units with the Client as the Tenant shall include:
(a) a written lease and any addendum, all in the
form prescribed by DHCD in accordance with DHCD guidance, executed by the
Client-tenant and the owner of the Housing Unit;
(b) a Voucher Payment Contract executed by the
owner of the Housing Unit and the AA in the form prescribed by DHCD;
(c) a Voucher executed between the Client-tenant
and the AA in the form prescribed by DHCD which shall provide that in the event of
the Client-tenant's loss of eligibility for the DMH Rental Subsidy Program, the
subsidy payments authorized by the Voucher shall terminate and the Client-tenant
shall be responsible for the full rent under the lease; and
(d) a Participant Agreement in the form prescribed
by DMH, consistent with DHCD guidance, executed by the Client-tenant and
DMH.
(3) Housing Units must be approved according to the following procedure, pursuant to DMH and DHCD guidance prior to the execution of a lease for a DMH Rental Subsidy Program Housing Unit.
(a) Where the Housing Unit will be leased to a
Service Provider, the Service Provider shall submit to DMH a request for lease
approval on a form prescribed by DHCD.
(b) Where the Housing Unit will be leased to a
Client-tenant, the Client shall, with the assistance of the Service Provider or DMH
case manager, as applicable, submit to DMH a request for lease approval on a form
prescribed by DHCD.
(c) Once DMH has
authorized the request for lease approval, DMH will submit the request with its
approval to the AA for final approval in accordance with DHCD guidance.
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