Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 5.00 - Eligibility And Selection Criteria
Section 5.08 - Determination of Qualification for Placement
Universal Citation: 760 MA Code of Regs 760.5
Current through Register 1531, September 27, 2024
(1) In making its final determination the LHA shall determine if applicant and household members are qualified for public housing. An applicant and the applicant household shall be disqualified for public housing for any of the following reasons:
(a) The applicant or a household member has
disturbed a neighbor or neighbors in a prior residence by behavior, which if
repeated by a tenant in public housing, would substantially interfere with the
rights of other tenants to peaceful enjoyment of their units or the rights of LHA
employees to a safe and secure workplace.
(b) The applicant or a household member has caused
damage or destruction of property at a prior residence, and such damage or
destruction of property, if repeated by a tenant in public housing, would have a
material adverse effect on the housing development or any unit in such
development.
(c) The applicant or a
household member has displayed living habits or poor housekeeping at a prior
residence, and such living habits or poor housekeeping, if repeated by a tenant in
public housing, would pose a substantial threat to the health or safety of the
tenant, other tenants, or LHA employees or would adversely affect the decent, safe
and sanitary condition of all or part of the housing.
(d) The applicant or a household member in the
past has engaged in criminal activity, or activity in violation of M.G.L. c. 151B,
§ 4, which if repeated by a tenant in public housing, would interfere with or
threaten the rights of other tenants or LHA employees to be secure in their persons
or in their property or with the rights of other tenants to the peaceful enjoyment
of their units and the common areas of the housing development.
(e) The applicant or a household member who will
be assuming part of the rent obligation has a history of nonpayment of rent and such
nonpayment, if repeated by a tenant in public housing, would cause monetary loss;
provided, however, that if the applicant or household member paid at least 50% of
his or her household's monthly income for rent each month during a tenancy but was
unable to pay the full rent, an eviction for nonpayment of the balance shall not
disqualify such individual from public housing pursuant to 760 CMR
5.08(1)(e).
(f) The applicant or a
household member has a history of failure to meet material lease terms or the
equivalent at one or more prior residences, and such failure, if repeated by a
tenant of public housing, would be detrimental to the LHA or to the health, safety,
security or peaceful enjoyment of other tenants or of LHA employees.
(g) The applicant or a household member has failed
to provide information reasonably necessary for the LHA to process the applicant's
application.
(h) The applicant or a
household member has misrepresented or falsified any information required to be
submitted as part of the applicant's application, or a prior application within
three years, and the applicant fails to establish that the misrepresentation or
falsification was unintentional.
(i) The
applicant or a household member has directed abusive or threatening behavior which
was unreasonable and unwarranted towards an LHA employee during the application
process or any prior application process within three years.
(j) The applicant or a household member does not
intend to occupy public housing, if offered, as his or her primary
residence.
(k) The applicant or a
household member is a current illegal user of one or more controlled substances as
defined in M.G.L. c. 94C, § 1. A person's illegal use of a controlled substance
within the preceding 12 months shall create a presumption that such person is a
current illegal user of a controlled substance, but the presumption may be overcome
by a convincing showing that the person has permanently ceased all illegal use of
controlled substances. This disqualification of current illegal users of controlled
substances shall not apply to applicants for housing provided through a treatment
program for illegal users of controlled substances.
(2) Prior to disqualifying an applicant under 760 CMR 5.08(1)(a) through (j), the LHA shall permit the applicant to show mitigating circumstances, which may include rehabilitation or rehabilitating efforts, sufficient so that when the potentially disqualifying behavior is weighed against the mitigating circumstances, the LHA is reasonably certain that the applicant or household member will not engage in any similar conduct in the future. In making this determination, the LHA shall consider all relevant circumstances including;
(a) the severity of the potentially disqualifying
conduct;
(b) the amount of time which
has elapsed since the occurrence of such conduct;
(c) the degree of danger, if any, to the health,
safety and security of others or to the security of the property of others or to the
physical conditions of the housing development and its common areas if the conduct
recurred;
(d) the disruption and
inconvenience which recurrence would cause the LHA; and
(e) the likelihood that the applicant's behavior
in the future will be substantially improved. The greater the degree of danger, if
any, to the health, safety and security of others or to the security of property of
others or to the physical condition of the housing, the greater must be the strength
of the showing that a recurrence of behavior, which would have been disqualifying,
will not occur in the future. Although an applicant or household member may have a
history of non-payment of rent and not fit within the exception in 760 CMR
5.08(2)(e), mitigating circumstances shall be considered in determining
qualification.
(3) In determining whether an applicant is qualified for participation in the AHVP, the LHA shall use the standards and procedures set out in 760 CMR 5.08(1) and (2).
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