Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation
Section 64.09 - Other Provisions

Universal Citation: 760 MA Code of Regs 760.64

Current through Register 1531, September 27, 2024

(1) Manner of Filings. Any filing or submission, other than a Notice, required to be made to theDepartmentunderM.G.L. c.40T or 760 CMR 64.00, and not otherwise specifically provided for in M.G.L. c. 40T or 760 CMR 64.00, shall be made in the same manner as is set forth for Notices in M.G.L. c. 40T, § 2(d).

(2) Time Periods. All time periods set forth in M.G.L. c. 40T or 760 CMR 64.00 shall be calculated in calendar days, except as otherwise set forth 760 CMR 64.09(2). A time period shall not expire until the first day in which state offices are open. All time periods for action by the Department initiated by receipt of a document or request shall commence as of the date of receipt by the Department.

(3) Complaints and Advisory Opinions. Any allegation of a Defective Notice or other failure to comply with a provision of M.G.L. c. 40T or 760 CMR 64.00 or a request for an advisory opinion shall be made in writing to the Department. The Department may request such further information as it may find necessary or useful from any party, prior to making a determination relative to a complaint or issuing an advisory opinion.

(4) Information Provided to Tenants. Upon request by any Tenant of the affected Publicly-assisted Housing, the Department shall provide a copy of a Preliminary or Final Certificate of Exemption or a Preliminary or Final Certificate of Compliance. Upon request by any Tenant of the affected Publicly-assisted Housing, the Owner shall provide a copy of a request for a Preliminary or Final Certificate of Exemption or a request for a Preliminary or Final Certificate of Exemption or a request for a Preliminary or Final Certificate of Compliance, and any information accompanying such a request. Any such documentation, or other written communication to Tenant(s) by the Department, shall be delivered to Tenant(s) by the Owner and may be delivered to Tenant(s) by hand delivery by then Owner, by mail, or electronically, or, if the Owner demonstrates to the Department that delivery to Tenant(s) is not feasible and that posting will adequately inform such Tenant(s) of the information, by requiring the Owner to post a copy at the project site or allowing the Department to post such documentation.

(5) Guidance. The Department may issue additional guidance as it deems appropriate and useful in implementing M.G.L. c. 40T and 760 CMR 64.00. Guidance affecting Tenants, Owners, Purchasers, or potential Designees generally shall be posted electronically by the Department and made available in writing upon request. As used in guidance issued by the Department, the following definition shall apply: Affordable Housing Prevention Act - means M.G.L. c. 40T.

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