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

Current through Register 1525, July 5, 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.