reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.08 - Findings

Current through Register 1525, July 5, 2024
In approving Projects that will receive funding through the HSF, the
				Department shall make the following findings:
(a) that the housing would not by private
			 enterprise alone and without government assistance be available to Low or Moderate
			 Income Persons or Families;
(b) that the
			 amount of the assistance appears to be the minimum amount necessary to make the
			 Project feasible;
(c) that with respect
			 to rental housing, the operations of the owner, including any pertinent articles of
			 organization and bylaws, and any changes in management operations or corporate
			 structure, will be subject to regulation by the Department, except, if funded
			 pursuant to HSF I, HSF II, HSF III, HSF IV Legislation or M.G.L. c. 121F, for
			 housing meeting the requirements of
			 760 CMR
			 24.04(2);
(d) that, subject to the requirements of
			 760 CMR
			 24.05(1), (2) if funded pursuant
			 to HSF III, and (3), the housing shall remain affordable for its useful life as
			 determined by the Department, except for housing meeting the requirements of
			 760 CMR
			 24.04(2); and
(e) that provision of the housing will be of
			 public benefit and for a public purpose.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.09 - Waiver Provision

Current through Register 1525, July 5, 2024
(1) The Undersecretary of
			 the Department may waive, in writing, any provision of
			 760 CMR 24.00 not required by
			 statute if he or she determines that such action is reasonably required, in the
			 public interest, and will not derogate from the statutory purposes.
(2) In the case of funding under M.G.L. c. 121F,
			 if the Department determines that a Weak Market exists pursuant to
			 760 CMR
			 24.04(8), and, further, if the
			 Undersecretary finds that
			 760 CMR
			 24.05(2)  or any other provisions
			 of
			 760 CMR 24.00, HSF V, HSF VI, and
			 M.G.L. c. 121F are inconsistent with promoting homeownership in the Weak Market,
			 pursuant to the HSF Guidelines, the Undersecretary may waive such requirements and
			 take other action to promote homeownership in the Weak Market. The allowable actions
			 taken by the Undersecretary to promote homeownership in the Weak Market include, but
			 are not limited to, reducing the length of required affordability to not less than
			 ten years and permitting the funded property to be purchased by a household whose
			 income at the time of purchase does not exceed 135% of the Area Median Income, or
			 both; provided however, that the purchaser shall own and occupy the property as his
			 primary residence.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.10 - Housing Stabilization and Investment Trust Fund

Current through Register 1525, July 5, 2024
(1) The Housing Stabilization and Investment Trust
			 Fund is established under M.G.L. c. 121F for the purpose of undertaking projects to
			 develop and support affordable housing developments and homeownership affordability,
			 through the acquisition, preservation and rehabilitation of affordable housing. The
			 Department shall administer the HSITF.
(2) Administration of the HSITF may include
			 assistance for projects to stabilize and promote reinvestment in cities and towns
			 including, but not limited to, acquisition, rehabilitation and preservation of
			 foreclosed and distressed properties and any other techniques necessary to achieve
			 reinvestment.
(3) Funds from the HSITF
			 may be expended for the purpose of energy audits and housing modifications to
			 achieve energy efficiency and conservation.
(4) The HSITF is an expendable trust fund and is
			 not subject to appropriation.
(5) Funds
			 from the HSITF shall be distributed among urban, suburban and rural areas with a
			 particular emphasis on the local and regional needs in accordance with the HSF
			 Guidelines.
(6) Contributions to the
			 HSITF may be made from:
(a) revenue from
			 appropriations or other monies authorized by the Legislature and specifically
			 designated for the HSITF;
(b) gifts,
			 grants, private contributions, repayment of loans, fees and charges imposed relative
			 to the making of loans, grants, subsidies, credit enhancements and other financial
			 assistance; and
(c) investment income
			 earned on the assets of the HSITF and any other sources.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.01 - Authority

Current through Register 1525, July 5, 2024
760 CMR 25.00 et seq. are
				promulgated by the Department of Housing and Community Development pursuant to
				authority granted to it, as the state housing board, by M.G.L. c. 121A. The
				Department of Housing and Community Development (the Department) is the successor to
				the Department of Community Affairs which is designated as the Housing Board in
				M.G.L. c. 121A.
				760 CMR 25.00 shall be effective
				upon promulgation.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.02 - Application Requirements

Current through Register 1525, July 5, 2024
Every application to the Department for approval of a project as
				defined in M.G.L. c. 121A, §1 shall be submitted in triplicate. It shall
				contain the following:
(1) Description of
			 Applicant(s). The Application shall state the name, residential address, and
			 occupation of each individual applicant and the structure of the M.G.L. c. 121A
			 entity (a joint venture, a partnership, a limited partnership, a trust or a
			 corporation) including the names and addresses of management and those which will
			 have any beneficial interest in the M.G.L. c. 121A entity. Associations shall
			 include the agreement to associate, if required; and corporations shall include
			 articles of organization. Except in the case of an insurance company, savings bank,
			 or cooperative bank, each applicant shall submit bank and financial references. The
			 application shall designate an individual with his or her title and address as an
			 authorized person with whom the Department may communicate.
(2) Location and Owners of Project Area. The
			 applicant shall specify the location of the project area. The application shall
			 include a metes and bounds description of the project area and the names of the
			 present owner or owners.
(3) Description
			 of the Project. The application shall describe the proposed project, including the
			 buildings, structures and facilities to be constructed or rehabilitated and the use
			 or uses to which they will be put. In connection with the description of the
			 project, applicants shall submit one copy of the following:
(a) A site plan prepared by an engineer or
			 surveyor showing the project area and the approximate location of structures and
			 facilities to be constructed as a part of the project.
(b) Drawings showing the buildings and other
			 improvements to be constructed in a form adequate to show the nature and extent of
			 the project, including typical elevations and floor plans.
(c) Construction specifications showing generally
			 the character and quality of the construction to be employed.
(d) Such further material, if any, as may be
			 necessary to describe the pertinent characteristics of the project.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.03 - Application for Changes in Approved Project

Current through Register 1525, July 5, 2024
Applications for approval of changes to an approved M.G.L. c. 121A
				shall be signed by a duly authorized officer of the M.G.L. c. 121A entity and
				specify in detail the changes for which approval is sought. The application for
				approval of a change shall reference all pertinent portions of the approved original
				application with any approved amendments. The city or town and the Department shall
				approve without a hearing a change to a project if and to the extent such change is
				not a material change and does not relate to matters which were required to be, or
				might properly have been, the subject of deliberation by the Department, by the
				local planning board or by the mayor or selectmen. An application for a material
				change shall be processed in the same manner as an original application. The
				Department shall determine whether a change is material.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.04 - Procedure for Determination of Application

Current through Register 1525, July 5, 2024
Upon receipt of an application considered complete by the
				Department, the Department shall transmit a copy of the application to the mayor of
				a city or selectmen of a town, except in the case of the City of Springfield where
				the application shall be transmitted to the planning board. The procedure in the
				city or town following transmittal of an application is set out in M.G.L. c. 121A,
				§ 6. The notice requirements for the public hearing by the planning board are
				set out in M.G.L. c. 121B, § 6B. In addition to the matters otherwise required
				to be covered in its written report following the public hearing on the application,
				the planning board shall also make a written report on any application for an
				extended period of tax exemption on account of amenities to be provided. The
				procedure for the Department's determination whether to approve or disapprove an
				application is set out in M.G.L. c. 121A, § 6.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.05 - Extensions of the Period of Tax Exemption Based on Inclusion of Amenities

Current through Register 1525, July 5, 2024
(1) Factors to be Considered. An applicant or an
			 existing M.G.L. c. 121A entity may request an extension of the period for tax
			 exemption based on the inclusion of amenities shall be reviewed by the planning
			 board, the mayor or selectmen and the Department. Extension of the exemption period
			 shall be for a minimum of one year and a maximum of ten years. Extensions shall be
			 considered for the amenities set out in M.G.L. c. 121A, § 10, Paragraph 11. The
			 following factors shall be considered in evaluating any amenity for which an
			 extension is sought. The factors upon which an extension of tax exemption is granted
			 shall be specified in writing and included with the decision. An extension shall not
			 be granted for the same amenity more than once.
(a) The added expense borne by the applicant
			 because of the provision of such amenity, including expenses to be incurred during
			 the development and construction phases of the project, and continuing expenses to
			 be incurred during the operation of the project.
(b) Other financial considerations, such as the
			 terms of long term financing to be provided to the project or loss of project
			 revenue;
(c) The potential for job
			 creation and opportunities for increased economic development.
(d) Support for the amenities from persons within
			 the community whom the project is intended to serve;
(e) Aspects of the amenities which go beyond
			 similar amenities required to be provided under the applicable laws, ordinances, and
			 regulations. If provision of amenities, which are specifically required to be
			 provided by statute, ordinance or law, places such an unusual and unique burden on
			 the project, different from other M.G.L. c. 121A projects, the mayor or selectmen
			 and the Department may determine that an extension is warranted, on account of such
			 amenities.
(f) The superior quality and
			 quantity of such amenities. The quality and quantity of amenities in other M.G.L. c.
			 121A projects and in other similar projects may be used as a guideline for
			 evaluating the proposed amenities.
(g)
			 Other factors, deemed relevant under the circumstances.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.06 - Procedure for Obtaining Approval of the Use of Eminent Domain by a M.G.L. c. 121A Entity

Current through Register 1525, July 5, 2024
(1) Policy in Regard to
			 Acquisition of Property. In carrying out its real estate acquisition program, the
			 M.G.L. c. 121A entity shall use reasonable efforts to acquire property by negotiated
			 sale. It shall only take property by eminent domain when all other reasonable
			 methods of obtaining the property have failed.
(2) Procedure for Securing Approval of a Taking.
			 Prior to DHCD's approval of the use of eminent domain, a M.G.L. c. 121A entity must
			 provide written verification that the following steps have been followed:
(a) The Owner of the interest to be acquired has
			 received from the M.G.L. c. 121A entity a final written offer to acquire the
			 interest, and the owner has not accepted the offer within 30 days after
			 receipt.
(b) Upon the owner's written
			 rejection of the final written offer or failure to accept the final written offer
			 within the time specified for acceptance, the M.G.L. c. 121A entity shall notify in
			 writing the Department, the mayor or selectmen of the municipality within which the
			 proposed project is located, and the owner of such real property, of the M.G.L. c.
			 121A entity's determination that acquisition by use of eminent domain under M.G.L.
			 c. 79 is necessary.
(c) Following such
			 notice and upon written request of the M.G.L. c. 121A entity, the Department may
			 give the M.G.L. c. 121A entity written authorization to proceed to take such
			 property by eminent domain in accordance with M.G.L. c. 79, provided the M.G.L. c.
			 121A entity has guaranteed, by placing in escrow or otherwise securing to the
			 satisfaction of the Department, that at least the amount of the final written offer
			 shall be available for payment of damages which may be awarded under M.G.L. c. 79,
			 M.G.L. c. 121A, § 11, or other applicable law.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.07 - Air Rights Projects

Current through Register 1525, July 5, 2024
An air rights project consists of the acquisition of an air rights
				site designated as a M.G.L. c. 121A project area. An air rights project shall be
				planned to insure the future stability of the airspace use and its continuing
				compatibility with surrounding surface and airspace uses. An area for an air rights
				project shall meet the statutory requisites as a blighted, decedent, or substandard
				area as well as the following requirements:
(1) The area has a blighting influence on the
			 surrounding area. The applicant shall demonstrate how the existing use of land in a
			 proposed air rights project area has a blighting effect on the surrounding area.
			 Detrimental conditions, such as adverse influences from noise, smoke, fumes, dirt,
			 glare, vibration, or hazards to persons, may be considered in determining the nature
			 and degree of the blighting influence of the proposed air rights project area on the
			 surrounding area.
(2) The proposed air
			 rights project will eliminate the blighting influence.
(3) The proposed air rights project will be
			 compatible with the land uses in the surrounding area and with the general plan for
			 the locality as a whole, any relevant urban renewal plan, and any relevant M.G.L. c.
			 121A project development plan. The applicant shall show that the airspace uses,
			 including platforms and access facilities on an air rights project site, shall be
			 compatible with surface and airspace uses of the land surrounding the air rights
			 site and that the proposed use of an air rights site shall conform to the general
			 plan for the locality as a whole and shall be consistent with definite local
			 objectives respecting appropriate land uses, density of development, improved
			 traffic, public transportation, public utilities, recreational and community
			 facilities, and other improvements. Use of such air rights site shall also conform
			 to any urban renewal plan for the project area.
(4) The proposed rights project is economically
			 justifiable.
(5) The provision of the
			 air rights site is authorized by M.G.L. c. 40, § 221.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston › Section 25.08 - Termination of M.G.L. c. 121A Designation Before Period of Exemption Has Expired

Current through Register 1525, July 5, 2024
Under the following circumstances, and at the discretion of the
				Department, M.G.L. c. 121A agreements may be terminated before the approved period
				of tax exemption has expired:
(1) Request
			 for Termination. The M.G.L. c. 121A entity has submitted a letter to the Department
			 signed by its officers, requesting termination of c. M.G.L. c. 121A
			 status.
(2) Disadvantage to
			 Continuation. The M.G.L. c. 121A entity documents substantial disadvantage to
			 continuing M.G.L. c. 121A status, including, but not limited to, a higher urban
			 redevelopment excise tax under M.G.L. c. 121A status than the tax that would be
			 assessed under ordinary taxation, thus creating hardship for the M.G.L. c. 121A
			 project.
(3) Public Benefit. The M.G.L.
			 c. 121A entity demonstrates that the public benefit will be served by terminating
			 the M.G.L. c. 121A agreements.
(4)
			 Agreement of Municipality. The city or town with which the M.G.L. c. 121A entity has
			 contracted under M.G.L. c. M.G.L. c. 121A, § 6A agrees with the termination as
			 evidenced by a vote of the city council and signature of the mayor in a city, or a
			 vote of the board of selectmen in a town.
(5) Fiscal Impact of Termination. The M.G.L. c.
			 121A entity indicates the fiscal impact of termination upon the project, and the
			 municipality indicates the fiscal impact of the termination on the community
			 including but not limited to tax revenues.
(6) Valuation of Property. The M.G.L. c. 121A
			 entity and the municipality agree on an assessed valuation of the project property
			 under M.G.L. c. 59 for the first year after termination.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.01 - Purpose, Effective Date, Coverage and Definitions

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose
			 of
			 760 CMR 27.00 is:
(a) To ensure fair, equitable, and consitent
			 treatment of displaced persons and businesses.
(b) To minimize the adverse impact of displacement
			 on residents and businesses in order to help maintain the economic and social
			 well-being of communities.
(c) To
			 prevent the closure of businesses, to the maximum extent feasible.
In applying the requirements of
				760 CMR 27.00, each displacing
				agency and relocation advisory agency should make every reasonable effort to
				understand the needs of displaced persons and businesses, and recognize the
				existence of special circumstances of displaced persons.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.04 - Program Requirements

Current through Register 1525, July 5, 2024
(1) Notices.
(a) General Information Notice. As soon as
			 feasible in connection with a covered activity, a person scheduled to be displaced
			 shall be furnished with a written notice about the following:
1. Information that the person may be displaced
			 for the covered activity and a general description of the relocation process,
			 including the conditions of eligibility, the types of available payments, and the
			 procedures for obtaining payment.
2.
			 Information that the person will be given relocation advisory services with a
			 general description of these services. 3. Information that the person will not be
			 required to move without written notice at least four months in advance.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.06 - Relocation Payments to Displaced Residents

Current through Register 1525, July 5, 2024
(1) Payments for
			 Actual Reasonable Moving and Related Expenses: Legal occupants displaced from
			 residences are entitled to payment of actual moving expenses. These expenses shall
			 be determined in the manner prescribed by federal regulations appearing at
			 49 CFR
			 24.301 and
			 24.302,
			 (as amended and as they may be amended), and guidelines issued by the Bureau. A
			 claim for a payment for actual moving expenses from a dwelling shall be supported by
			 a receipted bill or other reliable written documentation of expenses incurred.
			 Pursuant to an advance written request, the agency may at its discretion pay the
			 mover directly. A displaced person who moves temporarily may claim payment for
			 actual moving expenses at the time of the temporary move.
(2) Multiple Occupants of One Dwelling Unit. If
			 two or more displaced legal occupants of a housing unit move to separate replacement
			 dwellings, each legal occupant is entitled to a reasonable prorated share, as
			 determined by the relocation advisory agency, of the relocation payment which would
			 have been made if the occupants had moved together to a comparable replacement
			 dwelling, provided that if two or more occupants legally maintained separate
			 households within the same dwelling, each separate household is entitled to separate
			 relocation payments.
(3) Replacement
			 Housing Payments. If they qualify, displaced homeowners and tenants shall be
			 eligible for additional payments for costs relative to obtaining replacement
			 housing. These payments shall be determined in the Manner prescribed by federal
			 regulations at
			 49 CFR
			 24.401,
			 24.402,
			 24.403,
			 and
			 24.404
			 (as amended and as they may be amended).
(4) Manufactured Housing Units (Mobile Homes). If
			 they qualify, persons displaced from manufactured housing units shall be eligible
			 for payments determined in the manner prescribed by federal regulations appearing at
			 49 CFR
			 24.501,
			 24.502,
			 24.503,
			 24.504, and 24.505, (as amended and as they may be amended).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.07 - Guidelines

Current through Register 1525, July 5, 2024
The Bureau may issue guidelines of which the contents shall be
				consistent with the provisions of M.G.L. c. 79A and
				760 CMR 27.00. Interested persons,
				who advise the Bureau of their interest, shall be given a reasonable opportunity to
				comment in writing on any proposed guideline prior to its
				issuance.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.08 - Waivers by the Bureau

Current through Register 1525, July 5, 2024
Waivers
. The Bureau may, upon written
				request, waive any requirement in
				760 CMR 27.00 which is not
				required by law if the Bureau determines that the requested waiver will not reduce
				any assistance to which a displaced person is entitled, will result in a public
				benefit and is by its terms fair and equitable. Request for waivers shall be in
				writing with a detailed explanation of the reasons why a waiver is being sought.
				Such waiver requests shall be determined on a case by case basis. With respect to
				particular acquisitions, the Bureau may waive any provision of M.G.L. c. 79A when
				such provision constitutes a bar to federal reimbursement otherwise available with
				respect to a project.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.01 - Definitions

Current through Register 1525, July 5, 2024
CAA
. A Community Action Agency.
Community Action Plan
. The written document
				summarizing the work of the CAA or eligible entity over the course of a contract
				year that is provided to the Department.
CSBG
. The Community Services Block Grant
				program established by § 671
et seq.
of the federal Coats
				Human Services Reauthorization Act of 1998,
				P.L.
				105-285, 42 U.S.C. § 9901
et seq.
(the CSBG Act).
Department
. The Massachusetts Department of
				Housing and Community Development.
Eligible Entity
. An entity:
(a) that is an eligible entity described in § 673(1) of the
				CSBG Act, 42 U.S.C. § 9902 (as in effect on the day before the date of
				enactment of the Coats Human Services Reauthorization Act of 1998) as of the day
				before such date of enactment or is designated by the process described in
				§676A of the CSBG Act, 42 U.S.C. § 9909 (including an organization serving
				migrant or seasonal farmworkers that is so described or designated); and
(b) that has a tripartite board or other mechanism described in
				§ 676B of the CSBG Act, 42 U.S.C. § 9910, subsection (a) or (b), as
				appropriate.
Eligible Low Income Person
. Low income
				persons who are eligible to receive CSBG services are those whose household income
				does not exceed 125% of the Poverty Line.
Poverty Line
. The Poverty Line, as defined
				by the federal Office of Management and Budget (OMB) based on the most recent data
				available from the Bureau of Census and as revised annually (or more frequently) by
				the U. S. Department of Health and Human Services (HHS) and published in HHS poverty
				guidelines, pursuant to § 673(2) of the CSBG Act, 42 U.S.C. § 9902.
Secretary
. The Secretary of the U.S.
				Department of Health and Human Services (HHS).
The State
. The Commonwealth of
				Massachusetts.
Undersecretary
. The Undersecretary of the
				Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.02 - Administration of CSBG

Current through Register 1525, July 5, 2024
The Department has been designated by the Governor of the
				Commonwealth of Massachusetts to serve as the lead agency under the CSBG Act, 42
				U.S.C. § 9901
et seq.
The CSBG Program shall be administered
				in accordance with
				760 CMR 29.00, the CSBG Act, 42
				U.S.C. § 9901
et seq.,
and other applicable federal and state
				laws and with guidelines or Information Memoranda (EVI) issued by the Department.
				Pursuant to IM No. 138, State Establishment of Organizational Standards for CSBG
				Eligible Entities under 678B of the CSBG Act, 42 U.S.C. §9914, published by the
				federal Office of Community Services (OCS) on January 26, 2015, under the block
				grant framework established in the CSBG Act, States have both the authority and the
				responsibility for effective oversight of eligible entities that receive CSBG funds.
				§ 678B of the CSBG Act, 42 U.S.C. § 9914, mandates that State CSBG lead
				agencies must establish performance goals, administrative standards, financial
				management requirements and other requirements that ensure an appropriate level of
				accountability and quality among the State's eligible entities. The Department shall
				offer CAAs and other eligible entities an opportunity to comment on proposed
				guidelines prior to official issuance when the Department deems such opportunity to
				comment reasonable and appropriate.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.04 - Allocation and Redistribution of Funds

Current through Register 1525, July 5, 2024
Pursuant to § 676(b)(8) and § 676(c) of the CSBG Act, 42
				U.S.C. § 9908, the Department reserves the right to conduct a statewide
				redistribution of CSBG funds to respond to the results of the most recently
				available census data or other appropriate data, the designation of a new eligible
				entity, severe economic dislocation, or other cause, as defined by § 676(c) of
				the CSBG Act, 42 U.S.C. § 9908.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.05 - Corrective Action; Termination and Reduction of Funding

Current through Register 1525, July 5, 2024
(1)
Determination
. If the
			 Undersecretary of the Department determines, on the basis of a final decision in a
			 review pursuant to § 678B of the CSBG Act, 42 U.S.C. § 9914, and
			 760 CMR
			 29.09 that a CAA or other eligible entity fails to
			 comply with the terms of a Department funding agreement, or the Annual Consolidated
			 CSBG State plan, to provide services under the CSBG Act, 42 U.S.C. § 9901
et seq.,
or to meet appropriate standards, goals, and other
			 requirements established by the State (including performance objectives), the
			 Department shall:
(a) inform the entity of the
			 deficiency to be corrected;
(b) require
			 the entity to correct the deficiency;
(c)
1. offer
			 training and technical assistance, if appropriate, to help correct the deficiency,
			 and prepare and submit to the Secretary a report describing the training and
			 technical assistance offered; or
2. if
			 the Department determines that such training and technical assistance are not
			 appropriate, prepare and submit to the Secretary a report stating the reasons for
			 the determination;
(d)
1. at the discretion of the Department (taking
			 into account the seriousness of the deficiency and the time required to correct the
			 deficiency), allow the entity to develop and implement, within 60 days after being
			 informed of the deficiency, a quality improvement plan to correct such deficiency
			 within a reasonable period of time, as determined by the Undersecretary of the
			 Department; and
2. not later than 30
			 days after receiving from an eligible entity a proposed quality improvement plan,
			 either approve such proposed plan or specify the reasons why the proposed plan
			 cannot be approved; and
(e)
			 after providing adequate notice and an opportunity for a hearing, initiate
			 proceedings to terminate the designation of or reduce the funding of the eligible
			 entity unless the entity corrects the deficiency.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.07 - Community Action Plan, Funding Application, and Financial and Personnel Procedures

Current through Register 1525, July 5, 2024
(1)
Community
			 Action Plan
. As a condition for funding in accordance with the CSBG
			 Act, 42 U.S.C. § 9901
et seq
., and in conformance with the
			 Organizational Standards developed by the Center of Excellence (COE), each CAA or
			 other eligible entity shall develop and submit a Community Action Plan, which may
			 also be referred to as the CSBG workplan, based upon a community-needs assessment to
			 the Department for review and approval. The Community Action Plan (and any
			 subsequent amendments) shall be approved by the CAA or other eligible entity's board
			 of directors prior to submission to the Department.
(2)
Documents and Funding
			 Application
.
(a) The Department shall
			 annually notify the CAA or other eligible entity of the amount of funds to be
			 received in accordance with the Annual Consolidated CSBG State Plan, and of any
			 special conditions for funding.
(b) Not
			 later than 30 days before the beginning of the CSBG program year, the CAA or other
			 eligible entity shall submit a funding application and any other necessary documents
			 in conformance with all requirements of the Department. The application shall
			 include, in a form prescribed by the Department, but shall not be limited to:
1. A workplan with administration and program
			 objectives, activities, and performance outcomes for the CAA or other eligible
			 entity to accomplish during its CSBG program year. The plan shall describe in
			 relevant detail each project to be funded; and
2. A CSBG budget.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.08 - Citizen Access

Current through Register 1525, July 5, 2024
(1)
Documents
			 Available for Inspection
. The following documents shall be made
			 available for inspection by a member of the public upon request:
(a) Funding application submitted to the
			 Department for CSBG funds;
(b) The CAA
			 or other eligible entity's current Articles of Incorporation, by-laws, board
			 membership list, and Community Action Plan;
(c) All contracts (including, but not limited to,
			 contracts for funding, consulting, and goods and services) pertaining to CSBG
			 funds;
(d) All final reports (including
			 audits) submitted to the Department on projects funded with CSBG funds;
(e) Minutes of the meetings of the board of
			 directors and its committees; and
(f)
			 Position title, salary range, and job description for all CSBG-funded
			 positions.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.09 - Monitoring of CAAs or Other Eligible Entities

Current through Register 1525, July 5, 2024
In General
. In order to determine whether
				CAAs or other eligible entities meet the performance goals, administrative
				standards, financial management requirements, and other requirements of the State,
				the Department shall conduct the following reviews:
(a) A full on-site review of each such entity at
			 least once during each three year period.
(b) An on-site review of each newly designated
			 entity immediately after the completion of the first year in which such entity
			 receives funds through the Community Services Block Grant.
(c) In addition to the on-site reviews described
			 above, each CAA or eligible entity shall be reviewed through an annual
			 Organizational Standards Assessment or Monitoring.
(d) The Department shall have the right to perform
			 follow-up reviews, agency monitoring(s), and/or fiscal review(s), in the event that
			 a CAA or eligible entity fails to meet the goals, standards, and requirements
			 established by the State and/or the CAA or eligible entity fails to meet
			 Organizational Standards as a result of an Assessment or Monitoring
			 review.
(e) Other reviews as
			 appropriate, including reviews of programs that have had other federal, state, or
			 local grants (other than assistance provided under this subtitle) terminated for
			 cause.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.10 - State Accountability and Performance Measures

Current through Register 1525, July 5, 2024
Performance Measurement
. All CAAs and other
				eligible entities in the Commonwealth shall participate in a performance measurement
				system as prescribed in § 676(b)(12) of the CSBG Act, 42 U.S.C. § 9908,
				and approved by the Department. The Department may provide the CAAs and other
				eligible entities with administrative guidance with regard to performance
				measurement and other actions.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 29.00 - Community Services Block Grant Program › Section 29.11 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				760 CMR 29.00 are severable, and
				if any provision is held unconstitutional or a violation of statute by any court of
				competent jurisdiction, or shall otherwise cease to be effective, all other
				provisions of
				760 CMR 29.00 shall remain in
				effect.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 34.00 - Participation Of Non-profit Corporations In The Chapter 705 Family Housing Program › Section 34.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
760 CMR 34.00 specify the
				procedures the Department of Community Affairs will follow in the selection of
				non-profit corporations for the purpose of developing and managing Chapter 705
				family housing where the department will act as a housing authority pursuant to St.
				1980, c. 490, § 11. That section authorizes the department to act as a housing
				authority "in a city where the department finds that the purpose of providing
				adequate housing for families of low income and the need for neighborhood
				revitalization would best be served...".
Under such circumstances, regulations are required to
				specify:
(a) a procedure for providing
			 public notice of the availability of funds; and
(b) a ranking of priority for projects according
			 to criteria for selection.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 34.00 - Participation Of Non-profit Corporations In The Chapter 705 Family Housing Program › Section 34.02 - Procedures for Providing Public Notice of the Availability of Funds

Current through Register 1525, July 5, 2024
The department shall provide notice of the availability of funds
				pursuant to St.1980, c. 490,§ 11, in the following manner:
(a) a copy of a notice (or a copy of a request for
			 proposals) indicating the availability of funds, and where application for such
			 funds can be obtained, shall be sent by mail to the last known address of any
			 non-profit corporation which the department determines to be interested in the
			 development and management of housing for families of low income in cities of the
			 Commonwealth, and to any other non-profit corporation that requests in writing that
			 it be sent a copy of such notice; and
(b) a copy of the notice provided for in (a) above
			 shall also be sent to the mayors of all cities in the Commonwealth. In addition, a
			 notice indicating the availability of funds shall be published at least once in such
			 newspaper of general or statewide circulation as the department may
			 select.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)760 CMR 38.00
			 establishes standards and procedures for the provision of rental assistance under
			 the Department of Mental Health Rental Subsidy Program.
(2) The following additional regulations are
			 applicable: 760 CMR 5.00:
Eligibility and Selection Criteria,
and
			 760 CMR 6.00:
Occupancy Standards and Tenant Participation for State-aided
			 Housing,
except as otherwise provided in 760 CMR 38.00 and DHCD
			 guidance.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.03 - Eligible Housing Unit and Residence Unit

Current through Register 1525, July 5, 2024
(1) An
			 eligible Housing Unit must:
(a) be located in an
			 Eligible Property pursuant to
			 760 CMR
			 38.04;
(b) contain one or more Residence Units and
			 associated common space, if applicable;
(c) be available for lease to a Tenant;
(d) be reserved for occupancy by one or more
			 eligible Clients' Households pursuant to
			 760 CMR
			 38.05; and
(e) be in compliance with the requirements of the
			 State Sanitary Code and any other applicable state statute, regulations, code or
			 local ordinance.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.04 - Eligible Property

Current through Register 1525, July 5, 2024
(1) An Eligible Property
			 shall:
(a) have one or more eligible Housing
			 Units;
(b) be in compliance with local
			 zoning requirements or be exempt from such requirements; and
(c) not be owned by the applicable AA.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.05 - Client Eligibility

Current through Register 1525, July 5, 2024
(1) To be initially
			 eligible for the DMH Rental Subsidy Program, a Client must:
(a) be financially eligible as determined by the
			 AA pursuant to
			 760 CMR
			 5.06(1),
			 760 CMR
			 38.07(3)  and DHCD
			 guidance;
(b) participate in DMH
			 operated or contracted supportive residential services or case management as
			 determined by or pursuant to 104 CMR 29.00:
Application for DMH Services,
			 Referral, Service Planning and Appeals
and DMH guidance;
(c) not be the owner or manager of the Eligible
			 Property, a member of the owner's or manager's Immediate Family, or residing in a
			 Household with a member of the owner's or manager's Immediate Family; and
(d) be selected as a Client-resident or
			 Client-tenant pursuant to
			 760 CMR
			 38.06.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.06 - Selection of Client-residents and Client-tenants; Continued Occupancy or Participation

Current through Register 1525, July 5, 2024
(1)
Client-residents
.
(a) If
			 the Service Provider holds the lease for a Housing Unit, the Service Provider is
			 responsible for the selection of the Client-resident(s) for the Residence Unit(s)
			 within that Housing Unit in accordance with DMH guidance. The Client must meet the
			 eligibility standards set forth in
			 760 CMR
			 38.05.
(b) Continued occupancy by a Client-resident in a
			 Residence Unit for which the Service Provider is the Tenant shall be determined by
			 the Service Provider, pursuant to applicable DMH guidance.
(c) The Service Provider shall promptly notify the
			 AA in writing any time there will be a change in occupancy of a Residence Unit by a
			 Client-resident.
(d) The AA shall notify
			 DHCD and DMH in writing any time the AA has determined a Client-resident to be
			 ineligible for the DMH Rental Subsidy Program.
(e) The Service Provider shall promptly notify the
			 AA, DMH and DHCD in writing any time the Service Provider has determined a
			 Client-resident to be ineligible for the DMH Rental Subsidy Program.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.07 - Contract Rent; Occupancy Charge; Subsidy Amount

Current through Register 1525, July 5, 2024
(1) Consistent with DHCD guidance, the AA shall
			 determine and authorize the amount of the Contract Rent for the Housing Unit that
			 will include one or more Residence Units. The Contract Rent may include the cost of
			 Utilities and shall not exceed the Maximum Allowable Rent for the Housing
			 Unit.
(2) The Contract Rent is exclusive
			 of:
(a) any charge for meals, laundry, or other
			 services provided by the Service Provider or the owner; and
(b) any charge for residential services,
			 counseling, training, therapy or treatment provided to the Client.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.08 - Operating Documents

Current through Register 1525, July 5, 2024
(1) The documentation
			 for Housing Units with the Service Provider as Tenant shall consist of:
(a) a written lease or other contract, including
			 any addendum, executed by the Service Provider and the owner of the Housing Unit,
			 all in the form prescribed by DHCD, which shall include all applicable provisions
			 governing the use of the Housing Unit to house Client-residents and provisions for
			 financial assistance for the Housing Unit;
(b) a Voucher Payment Contract executed by the
			 owner of the Housing Unit and the AA in the form prescribed by DHCD;
(c) a Voucher executed between the Service
			 Provider and the AA in the form prescribed by DHCD which shall include an addendum
			 listing all Housing Units eligible under the Voucher; and which shall provide the
			 circumstances and manner in which, in the event of a Client-resident's loss of
			 eligibility for the DMH Rental Subsidy Program, the level of subsidy payments
			 authorized by the voucher shall be reduced or terminate accordingly and the Service
			 Provider shall be responsible for the balance of rent under the lease; and
(d) An Occupancy Agreement in the form prescribed
			 by DMH, consistent with DHCD guidance, executed by the Service Provider and the
			 Client-resident.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.09 - Responsibilities of the Administering Agency

Current through Register 1525, July 5, 2024
The AA shall:
(1) execute
			 all documents identified in
			 760 CMR 38.08(1)
			 and (2) or other contracts governing use of
			 Housing Units to house Clients as prescribed by DHCD guidance;
(2) ensure that Eligible Properties and Housing
			 Units satisfy the requirements of
			 760 CMR
			 38.04;
(3) determine the eligibility of Clients in
			 accordance with
			 760 CMR
			 38.05 and
			 38.06
			 and DHCD guidance;
(4) determine
			 Occupancy Charges in accordance with
			 760 CMR
			 38.07(3) and (4);
(5) determine the appropriate Contract Rents for
			 Housing Units and make subsidy payments to owners of Housing Units, in accordance
			 with
			 760 CMR
			 38.07 and DHCD guidance;
(6) confirm inspections of Housing Units by DMH,
			 the AA or the municipal board of health, as applicable, pursuant to
			 760 CMR 38.04(2)
			  and DHCD guidance; and
(7) comply with financial and data reporting
			 requirements of DHCD.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.10 - Waiver

Current through Register 1525, July 5, 2024
DHCD may waive the provisions of 760 CMR 38.00, in whole or in part,
				when in the judgment of DHCD strict compliance with such provision will be
				inconsistent with the public interest and with the purposes of M.G.L. c. 121B. No
				waiver shall be made if it conflicts with any mandatory provision of any
				statute.