Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 65.00 - The Massachusetts Short-term Housing Transition Program
Section 65.02 - Definitions
(1) Definitions in 760 CMR 4.02: Definitions and 760 CMR 5.03: Definitions shall apply in 760 CMR 65.00, except that:
Applicant or Homeless Applicant shall mean the head of household of a family qualified to apply for temporary emergency shelter under 760 CMR 76.06(1) and (2).
Appropriate Unit Size shall mean a housing unit that complies with the requirements of 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation and with any applicable provisions of 780 CMR: Board of Building Regulations and Standards for the family composition of a Participant Family.
(a) Bedrooms are expected to be shared on the following basis:
1. The head of household shall share a bedroom with:
a. his or her spouse;
b. the person with whom the head of household is involved as a couple in an inter-dependent relationship that is intended to be long-term; or
c. the person who is the other biological or adoptive parent of a child in the family, if any.
2. All remaining family members will be allocated one bedroom per two family members, regardless of sex, age, or relationship of these family members, except that no person over the age of ten shall be required to share a bedroom with another person of the opposite gender.
3. Exceptions may be made by administering agencies for medical reasons upon presentation of reasonable documentation of the medical need for a different arrangement on the letterhead of a health care professional and signed by such professional.
4. household members not required to share a room pursuant to 760 CMR 65.02: Appropriate Unit Size may elect to share a bedroom.
(b) If the Participant locates a unit containing one more room than provided under 760 CMR 65.02: Appropriate Unit Size (a) or (b), and the contract rent for such unit is not more than 80% of the FMR for an Appropriate Unit meeting the requirements of 760 CMR 65.02: Appropriate Unit Size (a) or (b), such unit shall be deemed to meet Appropriate Unit Size requirements.
Family or Household shall mean household as defined in 760 CMR 67.02(1).
Unit Where the context involves STHT, unit shall mean a housing unit where a Participant Family resided, resides, or will reside.
The following definitions shall also apply:
Administering Agency - shall mean a government agency or nonprofit organization with which the Department has a contractual relationship to provide services and benefits to Recipients.
Contract Rent shall mean the total monthly rent specified in the lease, the Request for Program Payment and Rental Assistance Payment Contract for a Contract Unit occupied by a Participant Family. The Contract Rent includes the value of the Rental Assistance paid by STHT and the amount of the Participant's share of rent. Contract Rent does not include payments made by the Participant separately to utility providers for the cost of heat, cooking fuel, and/or electricity or the amount of utility allowances calculated pursuant to 760 CMR 65.04(2)(b).
Contract Unit shall mean a unit occupied by a Participant Family for which the Participant submits a Request for Program Payment and enters into a lease with the Owner. The Owner or Owner's Agent and the Administering Agency will also sign a Rental Assistance Payment Contract for the Contract Unit.
Guidance shall mean any guidance or guidelines issued by the Department to assist in the implementation of 760 CMR 65.00. No guidance that affects the procedures applicable to or benefits of an applicant or Participant shall take effect until posted on the Department's website.
Hearing Officer shall mean an impartial person appointed by the administering agency that conducts hearings on appeals in accordance with an approved hearings procedure and renders written decisions based on the material facts and applicable law.
Homeless shall mean homeless due to lack of feasible alternative housing and eligible for temporary emergency shelter benefits pursuant to 760 CMR 67.06(1) and (2).
Imminently at Risk of Becoming Homeless shall mean:
(a) That an applicant meets the definition of Homeless in 760 CMR 65.02: Homeless and has been served:
1. if a tenant, by a sheriff or constable on behalf of the Owner or Owner's agent with a 48-hour notice of levy on execution in the context of a summary process action for eviction, or if such tenant has fewer than 48 hours left before the final date set for vacation or for issuance execution (or the later date, if both are stated) in an agreement for judgment approved by a court;
2. if an authorized subtenant or authorized household member of a primary tenant, by the primary tenant, with a copy to the Owner or Owner's agent, with written notice that the applicant and the applicant's family will be barred from the primary tenant's unit and forbidden from re-entry except as a daytime guest or as an overnight guest for not more than two nights, after a date not more than 48 hours in the future at the time of application;
3. if not a tenant, authorized subtenant, or authorized household member of a tenant, by the primary tenant or owner of the dwelling in which the applicant has been residing with written notice that the applicant and the applicant's family will be barred from the primary tenant's or owner's premises and forbidden from re-entry except as a daytime guest or as an overnight guest for not more than two nights, after a date not more than 48 hours in the future at the time of application.
(b) In the case of an Agreement for Judgment stating a date certain by which the applicant will vacate or by which execution shall issue, the applicant shall be deemed imminently homeless 48-hours prior to the date set for vacation of the premises or for issuance of execution, or the later date if two such dates are included in the Agreement for Judgment.
(c) In the case of an applicant who is not a tenant, authorized subtenant, or authorized household member of a tenant, imminent risk of homelessness may be verified, in the alternative to a notice from the primary tenant or Owner or Owner's Agent, by investigation by the administering agency or its designee.
(d) In cases involving 760 CMR 65.02: Imminently at Risk of Becoming Homeless (a)2. and 3. the Department or Department's designee shall, in addition, confirm the imminence of the applicant's required departure from the primary tenant's unit.
Median Area Income shall mean the median income for the relevant geographical area, as published in the most recent federal Department of Housing and Urban Development annual median area income guide.
Notice of Denial of STHT Benefits shall mean notice from the Department or the Department's designee to a recipient of or eligible applicant for Emergency Assistance temporary emergency shelter benefits pursuant to 760 CMR 67.06: Temporary Emergency Shelter that the recipient's request for a referral to benefits administered under 760 CMR 65.00 has been denied. A notice of denial of STHT benefits shall advise the applicant that the applicant has a right to appeal, to a hearing, the time for requesting such a hearing, and the manner for requesting such a hearing. It shall advise the applicant of the right to be represented at a hearing.
Notice of Level and Type of Benefits shall mean notice from an Administrating Agency to a Participant of the type and level of benefits determined applicable to the Participant Family under 760 CMR 65.00, including initial determinations of benefits upon commencement of participation in the STHT program, subsequent redeterminations of benefits upon annual or interim recertifications, and reasonable requests for modification of the terms of a Stabilization Plan. A notice of level and type of benefits shall advise the Participant that the Participant has a right to appeal, to a hearing, the time for requesting such a hearing, and the manner for requesting such a hearing. It shall advise the Participant of the right to be represented at a hearing.
Notice of Termination shall mean notice from an Administering Agency to a Participant that the Participant Family's benefits under 760 CMR 65.00 are to be terminated. A notice of termination shall advise the Participant that the Participant has a right to appeal, to a hearing, the time for requesting such a hearing, and the manner for requesting such a hearing. It shall advise the Participant of the right to be represented at a hearing.
Owner shall mean a person (including a corporation or other entity) who has legal title to property.
Owner's Agent shall mean a person who is legally authorized to act in the place of the Owner for the purpose of transacting business.
Participant shall mean the head of household of a family that is authorized to receive benefits pursuant to 760 CMR 65.00 and that has commenced receiving such benefits. A participant in the Emergency Assistance program pursuant to 760 CMR 67.00: Eligibility for Emergency Assistance (EA) shall not become a Participant in the STHT program pursuant to 760 CMR 65.00 until he or she has ceased participation in the Emergency Assistance program and is no longer receiving any benefits from the Emergency Assistance program. An individual determined eligible for STHT benefits shall not become a Participant unless the benefit is utilized within 60 days of the determination of eligibility, with the possibility of an additional 30-day extension upon a showing of good cause, as determined by the administering agency.
Participant Family shall mean a family that is authorized to receive benefits pursuant to 760 CMR 65.00.
Program Participation Agreement shall mean a contract document between the administering agency and a Participant that certifies program eligibility and sets forth program requirements, guidelines and benefits for applicants who have been determined eligible for assistance pursuant to 760 CMR 65.00. This agreement may be incorporated into a single document with a stabilization plan.
Recipient shall mean each family member of a family who is authorized to receive benefits pursuant to 760 CMR 65.00.
Rental Assistance Benefits Holder shall mean a Participant who has been accepted into the STHT Program and who has been determined suitable by the administering agency to receive Rental Assistance benefits. When the Participant Family locates to a Suitable Unit, and executes a lease for that unit, the Rental Assistance Benefits Holder becomes a Rental Assistance Benefits Participant.
Rental Assistance Benefits Participant shall mean a Participant who has been accepted into the STHT Program, been determined suitable by the administering agency to receive Rental Assistance benefits, located to a Suitable Unit, and executed a lease for that unit, Rental assistance benefits are available to the Rental Assistance Benefits Participant, whether or not the Participant moves, provided he or she remains eligible.
Rental Assistance Payment shall mean an amount paid by an administering agency to an Owner or Owner's Agent in accordance with 760 CMR 65.00, or in lieu thereof and at the discretion of an administering agency, a STHT household assistance payment to the Rental Assistance Benefits Participant in an amount that equals the remaining amount of the Rental Assistance Payment that would otherwise be due to the Owner or Owner's Agent on behalf of the Rental Assistance Benefits Participant plus any applicable Utility Allowance Payment.
Suitable Unit shall mean a dwelling unit for which a Rental Assistance Payment Contract is to be executed.
(a) The unit must:
1. be intended for occupancy by the Participant Family and as the Participant Family's Primary Residence;
2. be of an appropriate unit size for the Participant Family in accordance with 760 CMR 65.02: Appropriate Unit Size .
3. comply with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation State Sanitary Code: Chapter II (including lead paint laws, whenever the family includes a child under the age of six years), 780 CMR: Board of Building Regulations and Standards.
4. be available for rent for a cost of rent plus utility allowance not more than 80% of the fair market rent (FMR) for an appropriate size unit for the family in the applicable geographic area as determined by the United States Department of Housing and Urban Development; and
5. adequately accommodate the disabilities of the family and not result in job loss for Recipients
(b) For purposes of 760 CMR 65.02: Suitable Unit (a)1., additional individuals may also reside together with the Participant Family in the unit with the permission of the Participant, the Owner, and the administering agency, with notice to the Department. In such cases, the unit must comply with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation State Sanitary Code: Chapter II, 780 CMR: Board of Building Regulations and Standards, and 760 CMR 65.02: Appropriate Unit Size based on the total number of residents in the unit (except that two heads of separate households sharing a unit shall not be required to share a bedroom), and the fair market rent for the unit shall be determined based on the number of bedrooms that can be occupied by the total number of residents pursuant to the 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation State Sanitary Code: Chapter II and 760 CMR 65.02: Appropriate Unit Size. STHT rental assistance benefits provided to a Participant Family housed with other individuals pursuant to 760 CMR 65.02: Suitable Unit shall be based on the pro rata relationship of the number of family members in each Participant Family, as determined by 760 CMR 67.02(1): Household, (if two or more Participant families share the unit) or the pro rata relationship of the number of family members in the Participant Family, as determined by 760 CMR 67.02(1): Household, and the individuals residing with the Participant Family who are not members of STHT Participant Families.
(c) To verify compliance with 760 CMR 65.02: Suitable Unit (a) 3., in the case of rental assistance, the administering agency, before move-in by the Participant Family, shall, pursuant to such guidelines as may be issued by the Department, inspect each unit to verify that it does not contain any conditions endangering or impairing health or safety pursuant to 105 CMR 410.750: Conditions Deemed to Endanger or Impair Health or Safety. Within 30 days of move-in, the Owner or Owner's Agent shall provide to the administering agency a Certificate of Occupancy or equivalent verifying that the unit is in compliance with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation State Sanitary Code: Chapter II, any applicable 780 CMR: Board of Building Regulations and Standards requirements, and (if the family includes a child younger than six years of age) applicable lead paint law. Re-inspections may be required pursuant to guidelines issued by the Department. In the case of household assistance, compliance shall be verified by a certification of compliance with applicable statutory and regulatory requirements by the Owner or Owner's Agent. The administering agency shall not be responsible for the maintenance of the unit or liable for conditions in the unit or for failure of the Owner or Owner's Agent to maintain the unit.
(d) 760 CMR 65.02: Suitable Unit (a)4. shall not apply to families previously housed in short-term housing transition programs currently administered by the Department that are transitioning or have transitioned to benefits administered under 760 CMR 65.00 in the unit occupied by the family at the time of transition, if the family would be displaced due to 760 CMR 65.02: Suitable Unit (a)4. The rent for units occupied by such families shall not exceed the rental payment amount for such unit immediately prior to the family's transition to benefits under 760 CMR 65.00. 760 CMR 65.02: Suitable Unit (a)4. may be waived by the Department if the Department determines that placement of a Participant Family in such unit is cost-effective and meets the short-term housing needs of the Participant Family in a timely manner.
Temporary Accommodation shall mean a facility available for short- or long-term overnight stays and compliant with the provisions of 780 CMR: Board of Building Regulations and Standards and, if applicable, 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation State Sanitary Code: Chapter II, relevant to the particular facility. Compliance with State Building Code and State Sanitary Code requirements shall be the responsibility of the Owner of such facility. Temporary Accommodations are not required to comply with the maximum rent provisions of the definition of Suitable Unit.
Utilities shall mean any or all of the following: electricity and any other fuels for heat, hot water, and cooking.
(2) Computation of Time. In computing any period of time prescribed or allowed by 760 CMR 65.00, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. Unless otherwise specified, when the period of time prescribed or allowed is less than ten days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in 760 CMR 65.00, "legal holiday" includes those days specified in MG.L. c. 4, § 7 and any other day appointed as a holiday by the President or the Congress of the United States or designated by the laws of the Commonwealth.
