Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 63.00 - Public Housing Innovation Programs
Section 63.03 - PHID Program

Universal Citation: 760 MA Code of Regs 760.63

Current through Register 1531, September 27, 2024

(1) PHID Eligible Projects.

(a) Required Elements. The Department shall approve a PHID Grant only for a PHID Eligible Project proposed by one or more Local Housing Authorities that:
1. is for a marketing, management, construction or rehabilitation project or use for State-aided Family and/or Elderly/Handicapped Public Housing which is a Financially Feasible Project;

2. demonstrates innovative and replicable solutions to the management, marketing or capital needs of State-aided Family and/or Elderly/Handicapped Public Housing; and

3. contributes to the continued viability of the housing as a resource for public housing eligible residents.

(b) Preferential Features. Preference shall be given to PHID Eligible Projects that demonstrate one or more of the following features:
1. Regional Collaboration among Local Housing Authorities;

2. Proposal of new housing units for Low or Moderate Income Persons or Families on municipally-owned land, under utilized public housing sites or other land owned by the local Housing Authority;

3. Effort to reduce the need for future state modernization funding;

4. Incorporation of Cost-effective Revitalization Methods; or

5. Preservation of housing for existing residents to the maximum extent feasible.

(2) PHID Grant Applications and Awards.

(a) PHID Proposals. The Department may solicit proposals in the competitive funding rounds for PHID Grants for PHID Eligible Projects in accordance with the PHID Program Guidelines, or may use such other means to select PHID Eligible Projects that ensure said PHID Eligible Projects as may be permitted pursuant to 760 CMR 63.00, and the PHID Program Guidelines.

(b) Applications. The Application procedures for PHID Grants are specified in the PHID Program Guidelines. Local Housing Authorities shall comply with the Application procedure for PHID Grants in accordance with the requirements of a request for proposal issued by the Department pursuant to the PHID Program Guidelines. The Application may include a proposal for Technical Assistance by CEDAC or MHP with regard to the design or implementation of the PHID Eligible Project, including pre-development costs. The Application shall demonstrate compliance with Tenant Participation requirements pursuant to the PHID Program Guidelines and shall comply with 760 CMR 63.03(4) and 63.05. The Application shall also contain information sufficient to enable the Department to make the findings required by 760 CMR 63.03(2)(e).

(c) Department Review. The Department shall approve PHID Grants in accordance with the PHID Program Guidelines regarding application content, criteria for review and consideration of preferential features. The Department shall not consider an Application that does not substantially comply with the requirements of 760 CMR 63.03 or the PHID Program Guidelines.

(d) PHID Grant Approval and Terms. The Department may grant in whole or in part or deny an Application, or may grant the Application on such terms and conditions as it determines would further the objectives of the PHID Legislation, 760 CMR 63.00 and the PHID Program Guidelines.

(e) Department Findings. In approving PHID Eligible Projects for PHID Grants, the Department shall make the findings regarding the individual criteria set out in 760 CMR 63.03(1)(a) and (b) and shall also find that:
1. the primary purpose of the Project will be for the public benefit and for a public purpose and any benefit to private parties or individuals shall be indirect and incidental and not the purpose of the Project;

2. the Project, when complete, will conform to all applicable laws and regulations, unless expressly waived or granted an exemption by the Department pursuant to 760 CMR 63.03(4) or 63.06 or by another applicable authority;

3. that there is a reasonable expectation that the Project will be successful;

4. that provision is made for reporting and evaluation of the success of the Project; and

5. that the Application and the Project comply with Tenant Participation requirements pursuant to the PHID Program Guidelines.

6. In awarding a PHID Grant, the Department shall consider whether to include funds for Technical Assistance and funding for evaluation of the grant by CEDAC or MHP.

(3) PHID Grant Administration.

(a) Reporting by Grant Recipients. Recipients of PHID Grants shall report on the status of the design, implementation and results of the PHID Eligible Project in accordance with the requirements established in the PHID Program Guidelines, which shall include, at a minimum, the following information about the Project:
1. the address, the nature of the work and scope of work; and

2. its costs including, but not limited to, the total dollar amount allocated for the Project, the total estimated cost of the Project, the amount expended for the planning and design of the Project up to the time the report is filed, the amount expended on construction of the Project up to the time the report is filed, the total amount currently expended on the Project, the status of the work on the Project (including, but not limited to, the original estimated completion date of the Project, the current anticipated completion date of the Project, and if completed, a schedule of life cycle standards for the Project), and if the project has been de-authorized, the reason for and date of de-authorization.

(b) The Department may enter into an agreement with CEDAC or MHP for the conduct of an evaluation of the Projects awarded PHID Grants.

(4) PHID Statutory Exemptions.

(a) In accordance with the authority granted under the PHID legislation, a Local Housing Authority may apply to the Department for an exemption of a PHID Grant from one or more requirements of either or both M.G.L. c. 7C and M.G.L. c. 121B. A Local Housing Authority requesting an exemption ordinarily shall include in its Application a list of all requested exemptions, and with respect to each requested exemption, an explanation of the reason for the exemption, including a demonstration that:
1. the requested exemption is necessary to accomplish the effective revitalization of public housing; and

2. the requested exemption will not adversely affect public housing residents or applicants of any income who are otherwise eligible for public housing as specified by the PHID Program Guidelines.

For good cause, a Local Housing Authority may request one or more exemptions subsequent to submission of its Application, provided that if an exemption is requested after approval of the application through a competitive process, the LHA shall be required to demonstrate that the exemption would not have impacted the selection.

(b) The Department in its discretion at any time may approve an exemption for a PHID Eligible Project from the requirements of either or both M.G.L. c. 7 and M.G.L. c. 121B if it determines that the Local Housing Authority has demonstrated that the requested exemption is necessary to accomplish the effective revitalization of public housing and will not adversely affect public housing residents or applicants of any income who are otherwise eligible and will be consistent with the purpose of the PHID Legislation, 760 CMR 63.00 and the PHID Program Guidelines and all applicable provisions of law.

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