Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 6.00 - Occupancy Standards and Tenant Participation for State-Aided Housing › Section 6.03 - Definitions

Current through Register 1525, July 5, 2024
Definitions set out in 760 CMR 5.00: Eligibility and Selection
				Criteria shall apply in 760 CMR 6.00. The following definitions shall also
				apply:
Development
. A housing project
				providing c. 200 family housing, c. 705 family housing or c. 667
				elderly/disabled housing.
EOHLC
. The Massachusetts Executive
				Office of Housing and Livable Communities.
Full-time student
. A household member
				between 18 and 25 years of age, who is the dependent of another household
				member and who is enrolled in and attending an accredited educational or
				vocational institution and is carrying a course load that is considered
				full-time for day students under the standards and practices of the
				institution. Full-time student status shall remain in effect as long as the
				individual carries a full-time student course load in pursuit of a bachelor's
				degree, an associate's degree, or a diploma from an accredited educational
				institution or a certificate from an accredited vocational program (excluding
				apprenticeship programs). In no event shall full-time student status last
				longer than the length of time normally required for day students to complete
				the required course of study.
Grievance
.
(a) An allegation by a Tenant that an LHA or
			 an LHA employee has acted or failed to act in accordance with the Tenant's
			 lease or any statute, regulation, or rule regarding the conditions of tenancy
			 and that the alleged action or failure to act has adversely affected the
			 status, rights, duties, or welfare of the Tenant or a Household
			 Member;
(b) An allegation by a
			 Program Participant that an LHA or an LHA employee has acted or failed to act
			 in accordance with any statute, regulation, or rule regarding the program and
			 that the alleged action or failure to act has adversely affected the status,
			 rights, duties, or welfare of the Grievant or a Household Member; or
(c) An appeal by a data subject pursuant to
			 760 CMR 8.00:
Privacy and Confidentiality
.
(d) The meaning of a statute, regulation, or
			 rule shall not be the subject of a Grievance. A dispute between a Tenant and
			 another Tenant or Household Member, in which the LHA is not involved, shall not
			 be the subject of a Grievance. A Grievance shall not be filed by a Tenant on
			 behalf of another Tenant or any Household Member of another Tenant.
Grievant
. Any Tenant or Program
				Participant who files a written Grievance with an LHA in accordance with the
				LHA's Grievance procedure. A Grievant shall also include any person about whom
				the LHA holds data (data subject) who pursues an appeal pursuant to 760 CMR
				8.00:
Privacy and Confidentiality
.
Guest
. A person present in a unit or
				common area of a Development at the invitation, expressed or implied, of a
				Tenant or a member of a Tenant Household.
Half-time Student
. A Household Member
				between 18 and 26 years old, who is the dependent of another Household Member
				and who is enrolled in and attending an accredited educational or vocational
				institution and is carrying a course load that is considered at least half-time
				for students under the standards and practices of the institution. Half-time
				Student status shall remain in effect as long as the individual carries at
				least a Half-time Student course load in pursuit of a bachelor's degree, an
				associate's degree, or a diploma from an accredited educational institution or
				a certificate from an accredited vocational institution, but except as
				expressly permitted in the following sentence, Half-time Student status shall
				not last longer than twice the length of time normally required for full-time
				students to complete the required course of study. A normal course of study for
				Half-time Students can be up to eight years and may be extended for no longer
				than two years with verification from the educational or vocational institution
				of ongoing enrollment and credit attainment. If an institution does not have a
				formal half-time program, in order to qualify for Half-time Student status, a
				Household Member must be enrolled in a course load that is at least half the
				course load that would be required for a full-time student at the educational
				or vocational institution in the same field of study as the Household
				Member.
Hearing Officer
. An impartial person
				who conducts hearings on Grievances (Grievance hearings) in accordance with an
				approved Grievance procedure and renders written decisions based on the
				material facts and applicable law.
Hearing Panel
. A group of impartial
				persons who conduct hearings on Grievances (Grievance hearings) in accordance
				with an approved Grievance procedure and render written decisions based on the
				material facts and applicable law.
Household
. One or more persons who
				have been determined by the LHA to be collectively eligible for state aided
				housing and who are listed on the current lease for an LHA unit executed by an
				LHA authorizing the person(s) to reside in the unit. Persons listed on an
				application to an LHA to be determined collectively eligible to reside in an
				LHA unit as a Household may also be referred to as a Household where the
				context so requires.
Household Member
. A person who is a
				member of a Household which has been authorized by the LHA in a lease or lease
				addendum to reside in an LHA unit. The Tenant, as defined in
				760
				CMR 6.03, is a Household Member.
Local Tenant Organization (LTO)
. An
				association of Tenants and other Residents which has been officially recognized
				by an LHA to represent Tenants and other Residents residing in some or all of
				the LHA's state aided public housing units. An LTO may also represent a mix of
				Tenants and other Residents in state aided and federally subsidized public
				housing.
Notice of Termination
. Notice from an
				LHA to a Tenant that the Tenant's lease is to be terminated. A Notice of
				Termination may include a notice to quit. A Notice of Termination or
				accompanying document shall advise the Tenant whether Tenant has a right to a
				Grievance hearing and, if so, the time for requesting a Grievance hearing. It
				shall advise Tenant of the right to be represented at a Grievance hearing and
				of the right to inspect relevant documents prior to the hearing. It shall
				advise Tenant that, if Tenant remains in the unit past the specified lease
				termination date, eviction would be pursued through court action in which
				Tenant would have a right to present in person or by a lawyer any legal
				defenses which Tenant might have. It shall specify the name and address of a
				local legal services agency (if any). It should advise the Tenant of the
				opportunity (if available) to request to meet with the LHA to discuss the
				reasons for termination and whether termination could be avoided.
Overhoused
. A Tenant Household which
				the LHA has determined, based upon the composition of the Household, to be
				occupying a unit consisting of more bedrooms than is appropriate for the
				Household size pursuant to
				760
				CMR 5.03:
Definitions
unless
				such occupancy is authorized by law.
Personal Care Attendant (PCA)
. A
				person who resides with a Household Member with a disability and who:
(a) provides necessary assistance in
			 activities of daily living to such Household Member insofar as he or she
			 requires such assistance on account of his or her disability;
(b) is not obligated for support of the
			 Household Member; and
(c) is paid
			 for the fair value of such assistance.
Pursuant to
				760
				CMR 5.03:
Family
				(Household)(b)
, if determined by the LHA to be qualified, a
				full-time, live-in PCA shall be deemed a Household Member for purposes of
				determining the appropriate unit size in public housing.
If a full-time, live in PCA's income is included in gross
				household income for purposes of rent determination while the PCA is serving as
				a PCA, then if the Household Member with a disability to whom the PCA was
				providing services ceases to occupy the unit, the PCA may receive permission
				for continued occupancy as a remaining member of the Family (Household) for
				purposes of
				760
				CMR 5.03:
Family
				(Household)(b)
, provided all other criteria for remaining members
				of the Family (Household) contained in
				760
				CMR 5.03:
Family
				(Household)(b)
have been met. If a full-time, live-in PCA's income
				is not included in gross household income for purposes of rent determination
				while the PCA is serving as a PCA, then the PCA is eligible to be considered a
				remaining member of the Family (Household) if the Household Member with a
				disability to whom the PCA was providing services ceases to occupy the unit if,
				going forward, the individual's income will be included in gross household
				income for purposes of rent determination and all other criteria for remaining
				are met.
Pet
. A domesticated animal of a
				species that is commonly kept as a Household Pet in the community. A cat, dog,
				gerbil, or hamster is an example of a domesticated animal which is commonly
				kept as a Household Pet. A monkey or snake is an example of an animal which is
				not commonly kept as a Household Pet in the community. A service animal which
				is specially trained to assist an individual with a disability in specific
				activities of daily living (for example, a dog guiding individuals with
				impaired vision or alerting individuals with impaired hearing) is not
				considered a Pet for which permission to keep is required when it is kept in a
				safe and sanitary manner by an individual with a disability to whom the animal
				gives necessary assistance in activities of daily living; a service animal
				shall be considered a Pet in computing the number of Pets kept. Caged birds,
				which are not unreasonably noisy, or fish in tanks are not considered Pets for
				which permission to keep is required.
Pet Committee
. A local committee
				established in accordance with St. 1989, c. 151 in the manner prescribed in the
				Pet Guidelines.
Pet Grievance Panel
. Two or more
				persons appointed by the LHA to resolve disputes arising in elderly/disabled
				state aided housing involving Pets in cases where the disputes have not been
				resolved by the Pet Committee; the procedure of dispute resolution shall be
				specified in the Pet Guidelines.
Pet Guidelines
. Guidelines issued by
				EOHLC for Pet ownership in elderly/disabled state-aided public housing. These
				guidelines may be revised periodically by EOHLC after consultation with the
				Massachusetts Society for the Prevention of Cruelty to Animals and with the
				Massachusetts Chapter of the National Association of Housing and Redevelopment
				Officials.
Pet Rider
. A part of the lease for a
				unit of elderly/disabled state aided housing giving approval to the Tenant for
				Pet ownership and setting out or incorporating the terms and conditions for Pet
				ownership.
Program Participant
. A Voucher Holder,
				as defined in 760 CMR 49.00:
Massachusetts Rental Voucher
				Program
or 760 CMR 53.00:
Alternative Housing Voucher
				Program
, who has become a Participant, as therein defined, in the MRVP
				or AHVP.
Resident
. A Tenant or another adult
				person authorized by an LHA in a lease or lease addendum to reside in a state
				aided or federally subsidized public housing unit operated by or on behalf of
				an LHA.
Resident Advisory Board
. A group of
				Residents formed for the purpose of advising the LHA on its Annual Plan and any
				other matters of concern to all of its Residents, including a Resident Advisory
				Board established pursuant to federal regulations at
				24 CFR
				903.13.
Resident Association
. Any organized
				group of LHA Tenants and other Residents that has not been officially
				recognized as an LTO by the LHA, does not have the rights and obligations of an
				LTO under this regulation, but may still serve a useful function in providing
				an opportunity for Residents to work together on matters that affect their
				interests.
Tenant
. One or more persons, who is an
				adult or emancipated minor, who sign(s) a lease for an LHA unit and who is
				(are) responsible for payment of rent and satisfaction of lease provisions and
				responsible for the conduct of other Household Members and for the conduct of
				Guests.
Total Disability Veterans
				Compensation
. Amounts received from the United States Government
				by unemployable disabled veterans on account of such disability which occurred
				in connection with military service. For the purpose of
Total
				Disability Veterans Compensation
, "veteran" means a person who is
				a veteran as defined in M.G.L. c. 4, § 7(43).
Umbrella Tenant Organization
. A group
				of Tenants or other Residents consisting of representatives from two or more
				LTOs that have been authorized by the LTOs to assume some or all of the LTOs'
				rights and duties under
				760
				CMR 6.09.
Utilities
. Any or all of the
				following: electricity and any other fuels for heat, hot water, and
				cooking.