Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 49.00 - Massachusetts Rental Voucher Program
Section 49.04 - Participant Selection

Universal Citation: 760 MA Code of Regs 760.49

Current through Register 1531, September 27, 2024

(1) Each administering agency shall continue to select eligible participants from its project based and mobile voucher waiting lists in the order established in administrative guidance issued by the Department or in a Department-approved Tenant Selection Plan.

(2) Participant selection for vouchers that serve targeted populations may be exempt from 760 CMR 49.04(1) if approved by the Department.

(3) Every applicant shall use the application forms approved by the Department. The application forms shall be available at all Administering Agencies' central offices, or upon request, by mail. The Administering Agencies shall provide reasonable assistance to applicants in completing the application forms. When an applicant submits an application form to an administering agency, the administering agency shall accept the application.

(4) Determinations of Priority, Preference, Eligibility, and Qualification.

(a) When an applicant approaches the top of an open waiting list for an administering agency program to which the applicant has applied, the administering agency shall make a final determination of the applicant's priority, preference, eligibility, and qualification. The applicant shall update the application and provide any additional information or verification reasonably required by the administering agency. The administering agency must only accept applications if the waiting list is open.

(b) If the administering agency determines that an applicant is not eligible for a claimed priority or preference or is ineligible or unqualified for housing, it shall send written notification to the applicant of:
1. the determination;

2. the reason(s) for the determination detailing the material facts; and

3. the right to request a private conference to determine the applicant's priority, preference, eligibility, and/or qualification pursuant to 760 CMR 49.00.

(5) Offers to Applicants. An applicant offered a mobile voucher shall make a diligent search to locate an apartment within the voucher search period. An applicant who is unsuccessful in locating a suitable unit within such time periods shall lose the voucher, and the administering agency shall remove the applicant from the waiting list.

(6) Review of Denial of Eligibility, Qualification, Priority Status, or Preference Status.

(a) The Private Conference Between Applicant and Administering Agency. Applicants who are determined ineligible for the program or ineligible for a priority or preference are entitled to request a private conference with the administering agency in accordance with the procedures set out in administrative guidance by the Department.

(b) The Administering Agency's Decision Following a Private Conference. The administering agency must issue a written decision following a private conference, and the applicant may request reconsideration by the administering agency's board or other equivalent body, in accordance with the procedures set out in administrative guidance by the Department.

(7) In determining qualification, the administering agency shall check Criminal Offender Record Information (CORI) and Sex Offender Registry Information (SORI) and may also check: public records; other sources of public information; credit reports; and other reliable sources.

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