Current through Register 1531, September 27, 2024
(1)
Amount of Rent.
(a)
Monthly rent shall be charged Tenants of elderly/disabled housing in the
following manner:
1. Where the Tenant does not
pay for Utilities, rent shall be 30% of monthly net Household income as
determined pursuant to
760
CMR 6.05.
2. Where the Tenant pays for some or all
Utilities, rent shall be 25% of monthly net Household income as determined
pursuant to
760
CMR 6.05.
(b) Monthly rent shall be charged Tenants of
family housing in the following manner:
1.
Where the Tenant does not pay for Utilities, rent shall be 32% of monthly net
Household income as determined pursuant to
760
CMR 6.05.
2. Where the Tenant pays for one or more
Utilities, but not all, rent shall be 30% of monthly net Household income as
determined pursuant to
760
CMR 6.05.
3. Where the Tenant pays for all Utilities,
rent shall be 27% of monthly net Household income as determined pursuant to
760
CMR 6.05.
(c) In the event the Tenant Household has
been determined to be Overhoused and the Tenant has failed or refused to
transfer to a unit of appropriate unit size offered by the LHA, following any
such failure or refusal to transfer, the Tenant's monthly rent shall be 150% of
the rent which would otherwise have been charged to Tenant.
(d) An LHA may round the amount of monthly
rent to the nearest whole dollar notwithstanding the fact that rounding upward
will cause rent to slightly exceed the applicable percentages set out in
760
CMR 6.04(1)(a), (b) and
(c).
(e) Each Tenant Household shall pay a minimum
rent of $5.00 per Household, provided that an LHA shall grant an exemption from
application of the minimum monthly rent to any Tenant unable to pay such amount
because of severe financial hardship, which shall include situations in which:
1. the family is awaiting an eligibility
determination for an application for any federal, state, or local assistance
program;
2. the Tenant would be
evicted as a result of the imposition of the minimum rent
requirements;
3. the income of the
Tenant has decreased because of changed circumstances, including involuntary
loss of employment, the occurrence of a death in the Household, and such other
severe financial hardship situations as may be determined by the LHA.
LHAs shall notify Tenants of their right to seek an exemption.
The exemption shall not apply to hardships of a temporary nature lasting 90
days or less. If a Tenant requests a hardship exemption and the LHA reasonably
determines the hardship to be of a temporary nature, an exemption shall not
apply to the 90 day period beginning upon the day in which the request for
exemption is made to the LHA; provided that a Tenant may not be evicted during
such 90 day period for nonpayment of rent. In such a case, if the Tenant
thereafter demonstrates that the financial hardship is of a long term nature,
the LHA shall retroactively exempt the Tenant from the applicability of the
minimum rent requirements for such 90-day period. If a retroactive exemption
does not apply, the Tenant shall make payment of the minimum rent within 15
days of the end of the 90-day period. Late fees shall not apply to minimum rent
charged by the LHA while the Tenant is seeking an exemption.
(2)
Rent
Payment.
(a) Tenant shall pay
rent monthly in advance on or before the first day of each month. Rent for any
fraction of a month of occupancy at the beginning or end of the term shall be
charged on a pro rata basis. The monthly rent shall remain in
effect until a new monthly rent shall have been re-determined by the LHA in
accordance with
760
CMR 6.04(4) or
(5).
(b) During the term while a lease is in
effect the LHA shall accept as rent all payments which the Tenant shall have
designated as rent. The acceptance of such rental payments by the LHA shall not
constitute a waiver of payment for other amounts due or of any other past,
present, or future obligation under the Tenant's lease. Following termination
of the lease, if Tenant fails to vacate, Tenant shall pay monthly, in advance,
the fair value of use and occupancy of the unit as determined by the LHA, but
not less than the rent in effect at the time of termination, provided that if
the termination is contested in court, no amount higher than such rent shall be
charged unless and until the termination is upheld or approved by the court.
Payment for such use and occupancy, however designated, shall not create a new
tenancy.
(3)
Failure to Pay Rent.
(a) In the event that a Tenant shall fail to
pay all or any part of the rent within seven days of its due date, the LHA may
declare the unpaid rent delinquent and issue a Notice of Termination of lease.
Prior to issuing such a notice, except where the Tenant is habitually
delinquent in paying rent and has had a prior opportunity for discussion within
the prior six months, the LHA shall provide the Tenant with an opportunity to
discuss the reason for the late payment.
(b) In the event that Tenant shall fail to
pay all or any part of the rent within 30 days of its due date, the LHA shall
impose a fee in the amount of $25 for failure to pay rent when due. The LHA may
also charge Tenant interest in accordance with applicable law and with the
terms of Tenant's lease. If Tenant shall have shown good cause for late payment
to the LHA, the LHA in its discretion may waive the interest or fee for late
payment. If the LHA and Tenant shall have entered a repayment agreement the LHA
may waive the interest or fee for late payment of the rent which is the subject
of the repayment agreement. By charging interest or the fee for late payment of
rent, the LHA shall not have condoned Tenant's breach of Tenant's obligation to
pay rent when due, and the LHA shall not thereby waive any rights to issue a
Notice of Termination of the lease, to bring eviction proceedings against
Tenant and to collect arrearages, constable fees and costs on account of the
Tenant's failure to pay rent when due.
(c) In the event that a Tenant's failure to
pay rent due results in a monetary judgment and execution for the LHA the LHA
may seek to intercept funds which are otherwise payable by the Commonwealth to
Tenant on or after January 1, 2005, through the Comptroller's Set off Debt
Collection Program or successor program in the manner provided by the program
and as may be specified in guidelines issued by EOHLC.
(4)
Annual
Re-determination.
(a)
The Re-determination Date. The LHA shall re-determine
each Tenant's monthly rent once annually to be effective on a specific
re-determination date which shall be the first day of a month. This
re-determination date should be the same each year unless the LHA gives the
Tenant reasonable advance notice of a different date no more than a year
subsequent to the most recent notice of rent as determined by the
LHA.
(b)
The Notice of
Re-determination. At least 60 days prior to the re-determination
date, the LHA shall send the Tenant written notice that rent shall be
re-determined effective on the redetermination date and in this notice of
re-determination shall request pertinent information as to the Household's
income, employment, continued eligibility, and composition.
(c)
Response by the
Tenant. Within 30 days following the date of the notice of
redetermination, the Tenant shall provide, under pains and penalties of
perjury, sufficient complete and accurate information for the LHA to make a
reliable determination of the Household's income, exclusions from income, and
applicable deductions.
(d)
The Re-determined Rent. No less than 14 days prior to
the re-determination date, the LHA shall re-determine rent by computing the
applicable percentage of annual net Household income. In general, annual net
Household income shall be an annualization of then current monthly net
Household income. However, where annualization of monthly income is unlikely to
reflect actual annual income, the LHA may use some other method for determining
the annual amount of income, including use of the prior year's income.
If within the time allotted, the Tenant shall have failed to
provide sufficient, complete, and accurate information in order for the LHA to
make a reliable re-determination of the Household's monthly net Household
income, the LHA may make a re-determination of such income based on whatever
reliable information which it has or may continue to use its most recent income
re-determination. The LHA may thereafter make an adjustment of rent retroactive
to the re-determination date, following receipt of more complete and accurate
information.
(e)
Notice and Effective Date of the Re-determined Rent.
The LHA shall give the Tenant no less than 14 days prior written notice of the
amount of the rent to be effective on the redetermination date. In the event
that the information provided by or on behalf of the Tenant shall have been
incomplete or inaccurate, upon receipt of more complete or accurate
information, in addition to its other remedies, the LHA shall appropriately
adjust the rent. Following such adjustment, the LHA shall give the Tenant an
amended written notice of the re-determined rent which shall be retroactively
effective to the re-determination date. Each notice of re-determined rent shall
set out the monthly gross Household income
(1/12 of annual gross
Household income) and the monthly net Household income
(1/12 of annual net Household
income) on the basis of which the re-determined monthly rent was
computed.
(5)
Interim Re-determination of Rent.
(a)
Increases. If in
any month the monthly gross Household income of a Tenant Household increases by
10% or more from the amount contained in the most recent notice of rent as
(re)determined by the LHA, the Tenant shall report any such increase, including
any changes in income, exclusions and deductions. The Tenant shall report the
increase to the LHA by the seventh day of the month following the month in
which the increase occurred, provided that if the increase was anticipated in
the prior computation of gross Household income, the Tenant need not report the
increase.
The LHA shall require verification of such increase in income.
If as a result the amount of rent increases, at least 14 days before the
effective date of a rent increase, the LHA shall give the Tenant a written
notice of the re-determined rent. Any such increase in rent shall be made
effective on the first day of a month. The notice of re-determined rent shall
set out the monthly gross Household income and the monthly net Household
income, on the basis of which the re-determined monthly rent was
calculated.
In the event that a Tenant shall have failed to report such an
increase in income by the seventh day of the month following the increase, in
addition to its other remedies, the LHA, upon discovery that increased rent was
due, shall make the effective date of the increase in rent retroactive to the
first day of the second month following the increase in income.
(b)
Decreases. If, in any month, the monthly gross
Household income of a Tenant Household decreases, the Tenant may provide the
LHA with verified information substantiating the decrease in gross income.
Following receipt of such information, the LHA shall re-determine rent. The LHA
shall give the Tenant written notice of any decrease in rent which shall be
effective on the first day of the month following receipt of the information or
at such earlier time as the LHA shall find to be warranted in the event that
circumstances delayed receipt of verified information. The notice shall set out
the monthly gross Household income and the monthly net Household income, on the
basis of which the re-determined monthly rent was calculated.
(6)
Verification. The Tenant shall provide and authorize
reasonable verification of information regarding income, exclusions from income
and deductions (whether at initial determination or at any re-determination) in
order to insure reliability of the information. For wages, interest, dividends,
annuities, pensions or recurring lottery winnings, the Tenant shall submit
copies of the prior year's tax reporting forms received by the Tenant
(including W-2 forms, W-2G forms, and 1099 forms). For income from a fiduciary,
the Tenant shall submit a copy of the prior year's K-1 form regarding such
income. For self-employment income the Tenant shall submit a copy of the prior
year's Schedule C of US Form-1040. The Tenant shall also submit copies of other
tax reporting forms as are appropriate for other types of income.
The LHA may also require written third party verification
(verification by a reliable person or entity, other than the Tenant or
Household Member, with knowledge of the facts) of one or more items of income,
exclusions, or deductions in the event that the LHA finds that the
documentation provided by the Tenant is not adequate. In such a case, the LHA
may also verify income, exclusions, or deductions by checking with the sources.
Verification of income, exclusions or deductions, if not complete by the rent
re-determination date, may continue until completion. The Tenant shall assist
the LHA in securing reasonable verification and shall promptly provide all
written authorizations for such verification upon request by the LHA.
If the LHA has reasonable cause to believe that any member of
the Household is supplying false or incomplete information about his or her
income, upon request by the LHA the Tenant or other Household Member shall sign
an appropriate Internal Revenue Service form, to authorize the IRS to furnish
the LHA with a copy of the first page of the prior year's US Form 1040 filed by
the Tenant or other Household Member. Information which may have been provided
by the Department of Revenue through a wage and bank match or otherwise may be
used for verification of income, exclusions, and or deductions.
(7)
Grievances on the
Amount of the Re-determined Rent and Time for Payment. In the
event that a Tenant files a Grievance as to the amount of a re-determined rent
within 14 days of the LHA's notice of the re-determined rent, the Tenant shall
continue to pay the rent then in effect (unless the re-determined rent is
lower) until disposition of the Grievance. Following disposition of the
Grievance, the Tenant shall forthwith pay any additional amounts determined to
have been due but not paid since the effective date set out in the notice of
re-determined rent or the LHA shall credit the Tenant with any amounts paid but
determined not to have been due. In the absence of a Grievance, the
re-determined rent shall be paid beginning on its effective date.
(8)
Nondisclosure or
Misrepresentation of Income. If a Tenant shall misrepresent, fail
to disclose, or fail to disclose in a timely manner pertinent information which
would increase net Household income, upon request Tenant shall pay the balance
of rent, which otherwise should have been paid. Interest on such balance may be
charged in accordance with law. Such misrepresentation or nondisclosure without
good cause shall constitute cause for termination of the lease and eviction of
the Tenant if the consequent underpayment of rent was 10% or more of the
monthly rent which should have been paid.
(9)
Late Payments of
Income. If a Tenant receives any includable income at a date later
than the date when the income would have been paid in the normal course (such
as payment of past due workers' compensation benefits for lost wages, past due
SSI or SSDI benefits, or retroactive salary increases, and if such income has
not been included in the determination of Household income), Tenant shall
report receipt of the income to the LHA within seven days after receipt. The
LHA shall charge a one time retroactive rent charge on account of any part of
such income which in the normal course would have been paid at a time when
Tenant occupied an LHA unit. A Tenant who receives and timely reports receipt
of such income shall pay any such retroactive rent due on account of such
income without interest upon receipt of a bill from the LHA. If Tenant shall
fail to report such income or shall fail to make such a one time retroactive
rent payment within 30 days of receipt of a bill, the LHA may charge interest
on the additional rent due for the period beginning 30 days after receipt of
the income at a rate of interest in accordance with law and the LHA's
rules.
