reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.12 - Transfer of Surplus Land Subject to a Contract for Financial Assistance (CFA) for Development of Affordable Housing

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 121B, § 34 an LHA or its controlled affiliate may submit to the
			 Department an application for approval of a transfer of land (including a transfer
			 by conveyance or a transfer by ground lease) which is subject to a contract for
			 financial assistance between the LHA and the Department but which is surplus to the
			 anticipated need for land for any existing or future state-aided housing project.
			 The purpose of the transfer shall be for the construction of an affordable housing
			 development. The form and contents of such application shall be specified by the
			 Department and shall include a showing that the land is surplus to the needs of any
			 existing state-aided housing project and to any planned state-aided housing project
			 on the site and shall specify the anticipated use of the property following
			 transfer. Within 60 days of receipt of a complete application the Department shall
			 approve such application provided that at shall have made the findings specified in
			 760
			 CMR 4.11 and shall also have found that there has
			 been or will be a disposition process complying with all applicable requirements of
			 law for disposition of land by a public entity.
(2) The Department shall notify the LHA or its
			 controlled affiliate in writing whether an application is incomplete or whether it
			 has been approved, approved with conditions, or denied within 60 days from the date
			 of the Department's receipt of the application. Housing approved by the Department
			 under 760 CMR 4.12 shall not be subject to any contract for financial assistance for
			 or in connection with a state-aided housing project under M.G.L. c. 121B between the
			 LHA and the Department shall not be a housing project eligible for subsidy under
			 M.G.L. c. 121B, § 32 and shall not be subject to regulation by the Department
			 as such. With respect to a transfer of land approved under 760 CMR 4.12 the LHA
			 shall not be obligated to repay any state bond funds received pursuant to a CFA for
			 relevant acquisition, development or modernization. Implementation of any
			 application for an affordable housing development approved by the Department under
			 760 CMR 4.12 shall be subject to receipt of a building permit under applicable
			 zoning or under a comprehensive permit and the approval of any necessary subdivision
			 plan within 24 months of the Department's approval or such further time as may be
			 approved by the Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.14 - Transfer of Surplus Land Never Subject to a Contract for Financial Assistance

Current through Register 1525, July 5, 2024
(1) An LHA may transfer surplus real property
			 which is not and never has been subject to a contract for financial assistance
			 between the Department and the LHA. Approval by the Department shall not be required
			 for such a transfer. The LHA shall comply with all applicable requirements of law
			 for disposition of real property by a public entity in any such transfer.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.16 - LHA Annual Plans

Current through Register 1525, July 5, 2024
(1) The Department will
			 issue written guidance to LHAs for the planning, development, submission and
			 implementation of Annual Plans, will offer technical support and guidance to LHAs in
			 connection with the Annual Plan process, and will also provide LHAs with information
			 regarding available technical support.
(2) Each LHA shall submit an Annual Plan to the
			 Department for approval before the LHA's fiscal year end. The Annual Plan shall be
			 developed and reviewed in accordance with Department guidelines and will include, at
			 a minimum, the following elements:
(a)
Capital Improvement Plan (CIP)
. An updated five year
			 Capital Improvement Plan describing how the LHA will preserve and modernize its
			 state-aided public housing units, showing the LHA's active projects and proposed
			 projects, the funding sources expected to be available over the next five years, and
			 the timeframe for planning and construction, based on assumptions and spending rules
			 established by the Department and in compliance with
			 760 CMR 11.00:
Modernization and Development of State-aided Public
			 Housing
.
(b)
Maintenance and Repair Plan
. A plan describing how the LHA
			 will utilize and prioritize its resources to address the challenges of effectively
			 maintaining its state-aided public housing units in the coming year.
(c)
Operating Budget
. A
			 budget stating the income and costs of operating the LHA's state-aided housing
			 programs in the coming year, including any related forms required by DHCD, which
			 conforms to the Department's Accounting Manual and its annually-issued Budget
			 Guidelines.
(d)
Narrative
. A description of actions that it has taken
			 during the past year in response to significant findings made by DHCD in its
			 Monitoring Program in accordance with Department guidelines. A description of the
			 LHA's goals and means by which it will meet or improve upon the performance-based
			 assessment standards established by the Department in the Monitoring
			 Program.
(e)
Policies
. A list of LHA policies indicating the date of the
			 last revision of each policy.
(f)
Waivers
. A description of all waivers from the Department's
			 regulations, the reason for the waiver, and the date the waiver was granted by the
			 Department.
(g)
Comments
. A summary of all substantive comments received by
			 the LHA about the Annual Plan and the LHA's responses to those comments.
(h)
Other elements
. The
			 Plan shall include other elements, if any, as required by Department notices or
			 guidelines.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.17 - Waiver of Provisions by the Department

Current through Register 1525, July 5, 2024
An LHA may submit to the Department a request for approval of a
				waiver of any provision of
				760 CMR 4.00. The LHA shall specify
				in writing the reason why a waiver is necessary and appropriate. The Department, in
				its discretion, may approve a waiver if it determines that good cause exists for the
				waiver and that the waiver is appropriate under the circumstances and will be
				consistent with the purpose of the public housing program and all applicable
				provisions of law.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.01 - Waivers Granted Prior to Effective Date

Current through Register 1525, July 5, 2024
Effective April 10, 2019, any waivers of
				760 CMR 5.00 for a tenant selection
				plan at a local housing authority (LHA) are hereby revoked, unless expressly renewed
				in writing by the Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.02 - Applicability

Current through Register 1525, July 5, 2024
(1)
								760 CMR 5.00 applies to all persons
			 residing in or applying for state-aided public housing, known as St. 1948, c. 200,
			 St. 1966, c. 705, St. 1954, c. 667 housing, with the exceptions noted in 760 CMR
			 5.02(2). It applies to applicants and participants in the Alternative Housing
			 Voucher Program (AHVP). It applies to applicants and participants in the
			 Massachusetts Rental Voucher Program (MRVP) only to the extent that
			 760 CMR 49.00:
Massachusetts Rental Voucher Program
expressly states that
			 760 CMR 5.00 shall
			 govern.
(2)
								760 CMR 5.00 does not govern the
			 order of tenant selection for units in public housing known as St. 1974, c. 689, or
			 St. 1954, c. 667 congregate housing or units financed by Mass Housing. It also does
			 not govern the eligibility of applicants for units which receive a federal Section 8
			 subsidy.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.04 - Marketing

Current through Register 1525, July 5, 2024
Each LHA has a continuing responsibility to ensure that households
				in its region of the state are aware of any availability of units and have an
				opportunity to apply. The LHA shall undertake a marketing effort whenever its
				waiting list for units is less than the number of applicants anticipated to be
				placed in the next 12 months. The LHA shall undertake appropriate affirmative fair
				marketing efforts pursuant to
				760 CMR
				4.07:
LHA Fair Housing Marketing
				Plan
whenever the number of its minority tenant households and minority
				households on the waiting list for either family housing or elderly/handicapped
				housing is less than the number of households meeting its Affirmative Action Goal
				established pursuant to
				760 CMR 5.10(3)
				 for the respective program.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.05 - Application Procedures

Current through Register 1525, July 5, 2024
(1) Every applicant shall
			 use the Statewide Online Application System or application forms approved by the
			 Department. The application forms shall be available at all LHAs' central offices
			 or, upon request, by mail. LHAs shall provide reasonable assistance to applicants in
			 completing the application forms. When an applicant submits a paper application form
			 at any LHA, the LHA shall accept the application and promptly enter the information
			 thereon into the Statewide Online Application System.
(2) Every application entered into the Statewide
			 Online Application System shall receive a date and timestamp for each program at
			 each LHA to which the application is made. Applicants may return to their online
			 applications to view their application status and to make changes at any time.
			 Applicants may also make changes at any LHA in person or by mail.
(3)
Determinations of Priority,
			 Preference, Eligibility and Qualification
.
(a) When an applicant approaches the top of a
			 waiting list for an LHA program to which the applicant has applied, the LHA shall
			 make a final determination of the applicant's priority, preference, eligibility and
			 qualification. The applicant shall update the application and provide any additional
			 information or verification reasonably required by the LHA.
(b) If the LHA determines that an applicant is not
			 eligible for a claimed priority or preference or is ineligible or unqualified for
			 housing, it shall send written notification to the applicant of:
1. the determination;
2. the reason(s) for the determination detailing
			 the material facts; and
3. the right to
			 request a private conference to redetermine the applicant's priority, preference,
			 eligibility and/or qualification pursuant to
			 760
			 CMR 5.13.
After a final determination of priority, preference, eligibility
				and/or qualification has been made by the LHA, that determination will govern the
				application only for the application to that program at that LHA in the Statewide
				Online Application System. If an applicant who has been removed from the waiting
				list reapplies for any program at that LHA, the reapplication will receive a new
				date and time stamp, and new final determinations shall be made on the application
				when the application reaches the top of the waiting
				list.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.06 - Income Eligibility

Current through Register 1525, July 5, 2024
(1) Income limits for
			 admission of an applicant to state-aided public housing and for participation in the
			 AHVP shall be set at two year intervals. The income limits shall be the "Low Income
			 Limits", set by the United States Department of Housing and Urban Development (HUD),
			 then in effect, for a similarly sized household in the city or town in which the LHA
			 is located. Household income shall be determined in the same manner as net household
			 income for rent determination provided that income shall be imputed to assets which
			 have been disposed of as provided by 24 CFR Part 5, Subpart F.
(2) A household occupying a unit in
			 elderly/handicapped housing shall remain eligible for continued occupancy until such
			 time as 30% of its monthly net household income equals or exceeds the fair market
			 rent (FMR) then in effect for the Section 8 Existing/Voucher Program for a unit of
			 appropriate unit size in the area in which the LHA is located.
(3) A household occupying a unit in family housing
			 shall remain eligible for continued occupancy until such time as 32% of its monthly
			 net household income equals or exceeds the fair market rent (FMR) then in effect for
			 the Section 8 Existing/Voucher Program for a unit of appropriate unit size in the
			 area in which the LHA is located.
(4) An
			 AHVP participant shall remain eligible for continued occupancy in a unit until such
			 time as the participant's rent share equals or exceeds the contract rent. The
			 participant shall retain his or her AHVP voucher for 90 days from the date on which
			 the LHA determines that the participant's share equals or exceeds the contract rent.
			 At the end of that period, if the participant's share continues to equal or exceed
			 the contract rent, the household will not be eligible for continued assistance under
			 the AHVP.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.07 - Eligibility of Handicapped Persons

Current through Register 1525, July 5, 2024
(1) The definition
			 of handicapped persons of low income is set out in M.G.L. c. 121B, § 1. A
			 handicapped person of low income, as so defined, may have one or more physical or
			 mental impairments, which shall be considered in conjunction with each other if more
			 than one exists.
(2) The LHA shall
			 determine whether non-elderly applicants for elderly/handicapped housing are
			 handicapped persons of low income. Upon request, the applicant shall provide
			 documentation sufficient for the LHA to be able to make a determination of
			 eligibility. Such documentation shall be subject to third-party verification. As
			 part of the determination process the following actions and findings are necessary.
(a) The applicant shall provide certification by a
			 physician documenting a physical or mental impairment which is expected to be of
			 long and continued duration, but at least for more than six months;
(b) the LHA shall determine that either certain
			 special architectural design features or low-rent housing are not available in the
			 private market and that the applicant is faced with living in an institution or
			 decadent, substandard housing, or paying excessive rents; and
(c) the LHA shall determine an applicant to be of
			 low income if the applicant's household income is within the income limits set for
			 state-aided public housing.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.09 - Selection Categories

Current through Register 1525, July 5, 2024
(1)
Priority
			 Categories
. The LHA shall use the following priority categories in
			 descending order in determining the order of tenant selection:
(a)
1st
Priority
. Homeless due to Displacement by Natural Forces an
			 applicant, otherwise eligible and qualified, who has been displaced by:
1. fire not due to the negligence or intentional
			 act of applicant or a household member;
2. earthquake, flood or other natural cause;
			 or
3. a disaster declared or otherwise
			 formally recognized under disaster relief laws.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.10 - Placements and Offers

Current through Register 1525, July 5, 2024
(1)
General
			 Provisions for Placements
.
(a)
			 Placements are to be made in elderly/handicapped housing to achieve a mixed
			 population of elderly households in 86.5% of the units and handicapped households in
			 13.5% of the units. The LHA shall place applicants in accordance with 760 CMR
			 5.10(2) in order to attain or to sustain these percentages. Such placements shall
			 also be made in accordance with any applicable priority and preference categories
			 and the affirmative action preference, if applicable.
(b) Any accessible or modified unit shall be
			 offered to an applicant household which includes a person, regardless of age, who
			 has a physical handicap which handicap necessitates one or more of the special
			 design features of the unit.
(c) Except
			 as provided in 760 CMR 5.10(1)(a) and (b) and subject to the affirmative action
			 preference, if applicable, when a unit or rental assistance voucher becomes
			 available, it shall be offered to the applicant for the applicable program with an
			 appropriate household size who has the earliest date and time stamp in the highest
			 preference category within the highest priority category.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.11 - Housing Situation Priority Policy

Current through Register 1525, July 5, 2024
The Housing Situation Priority Policy issued by the Department sets
				out the criteria to be used by LHAs to determine the Priority to be granted to the
				applications of Homeless Applicants. The Priority of an application on the LHA
				waiting list shall be initially set by the Statewide Online Application System based
				on the unverified Housing Situation that is claimed by the applicant on the
				application form. When an application nears the top of an LHA's waiting list, the
				LHA shall require the applicant to provide verification of the Housing Situation
				that was claimed on the application. If the applicant fails to submit all
				documentation necessary to verify the Housing Situation that was claimed on the
				application within ten business days of the LHA's request for verification, then the
				application will be granted Priority 7 Standard. If at any subsequent time the
				applicant submits verification of the previously claimed Housing Situation, the LHA
				will grant the verified Priority as of the date and time of the applicant's initial
				claim. If an applicant submits documentation that fails to verify any criteria of
				the claimed Housing Situation Priority, then the LHA shall deny the Priority and
				inform the applicant of the right to appeal the determination pursuant to
				760
				CMR 5.13.
An applicant may claim or delete an existing claim of Housing
				Situation Priority at any time. Any grant of a claimed Priority by an LHA shall be
				made only after verification of the circumstances that meet the criteria for the
				Priority as set out in the Housing Situation Priority Policy. Any change to an
				application's Priority, including the grant or denial of a Priority, that is made by
				an LHA shall only affect the position of the application on that LHA's waiting list
				for the program for which the applicant is being considered at that LHA.
The DHCD Housing Situation Priority Policy shall be posted at all
				times on DHCD's website at
https://www.mass.gov/orgs/housing-and-community-development
and in the LHA's administrative office where applications are received and shall be
				a public record.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.14 - Update and Reclassification of Waiting List

Current through Register 1525, July 5, 2024
(1)
			 Applicants who have not contacted an LHA or logged into the Statewide Online
			 Application System for two years shall be contacted by the Department Systems
			 Administrator by email, and if there is no response, by first class mail.
(a) to determine whether:
1. applicant is still interested in obtaining
			 state-aided public housing;
2. the
			 applicant's appropriate unit size or accessibility needs have changed;
3. the applicant's claimed priority and preference
			 status remain the same; and
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.15 - Waiver Provision

Current through Register 1525, July 5, 2024
An LHA may submit to the Department for approval changes to the
				eligibility and selection criteria set out in
				760 CMR 5.00. The LHA shall consult
				with the local tenant organization(s) prior to submitting any such changes to the
				Department. The LHA shall specify in writing the reason why each change is
				requested. The Department in its discretion may approve a change if it determines
				that good cause exists for the change(s) and that the change is reasonable under the
				circumstances and will be consistent with all applicable provisions in M.G.L. c.
				121B.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.16 - Administration

Current through Register 1525, July 5, 2024
(1) From time to time the Department may develop
			 and issue guidelines and or standard forms to be utilized by the LHA in connection
			 with the provisions of
			 760 CMR 5.00 and with reports
			 required by the Department. It is the responsibility of each LHA to ensure that it
			 is adhering to the current guidelines and utilizing all current forms.
(2) Each LHA with applicable programs shall use
			 the Statewide Online Application System and shall maintain the Department's
			 prescribed online vacancy ledger in accordance with guidelines issued by the
			 Department as they may be amended from time to time. The Statewide Online
			 Application System and online vacancy ledgers shall be considered public
			 information; and, upon request, shall be available for public inspection with all
			 personally identifying information redacted.
(3) Any notice to an applicant or tenant, who is
			 known not to speak English, shall bear a notice in commonly spoken foreign languages
			 of the importance that the notice be translated.
(4) Board members shall not be involved in LHA
			 decisions on applications for housing.
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 6.01 - Appendices

Current through Register 1525, July 5, 2024
Appendices to 760 CMR 6.00 are located on the Massachusetts
				Executive Office of Housing and Livable Communities website at:
https://www.mass.gov/orgs/executive-office-of-housing-and-livable-commumties
.
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 6.02 - Applicability

Current through Register 1525, July 5, 2024
(1) 760 CMR 6.00 applies to all persons
			 residing in state aided public housing, known as c. 200 family housing, c. 667
			 elderly/disabled housing and c. 705 family housing, except as otherwise
			 provided and further provided that persons residing in housing units receiving
			 federal Section 8 subsidy shall have their rents determined in accordance with
			 applicable federal Section 8 regulations. 760 CMR 6.00 also applies to those
			 persons residing in state aided public housing, known as c. 689 special needs
			 housing, provided that the housing is under the direct management of an LHA and
			 Residents have individual leases with the LHA.
			 760
			 CMR 6.07 applies only to Residents in c. 667
			 elderly/disabled housing.
(2)
								760
			 CMR 6.05 and
			 6.08 apply to participants in
			 the Alternative Housing Voucher Program (AHVP). See 760 CMR 53.00:
Alternative Housing Voucher Program
.
			 760
			 CMR 6.08 applies to participants in the
			 Massachusetts Rental Voucher Program (MRVP).
See
760 CMR
			 49.00:
Massachusetts Rental Voucher Program
.
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 6.04 - Rent Determination

Current through Register 1525, July 5, 2024
(1)
Amount of Rent
.
(a)
			 Monthly rent shall be charged Tenants of elderly/disabled housing in the
			 following manner:
1. Where the Tenant does not
			 pay for Utilities, rent shall be 30% of monthly net Household income as
			 determined pursuant to
			 760
			 CMR 6.05.
2. Where the Tenant pays for some or all
			 Utilities, rent shall be 25% of monthly net Household income as determined
			 pursuant to
			 760
			 CMR 6.05.
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 6.07 - Pet Ownership in Elderly/Disabled Housing

Current through Register 1525, July 5, 2024
(1)
LHA Pet Policy for Elderly/Disabled Housing
. Each LHA
			 shall have a Pet policy for its elderly/disabled housing. The policy shall be
			 consistent with and reflect the requirements in St. 1989, c. 151, 760 CMR 6.00,
			 and the Pet Guidelines.
(2)
LHA Approval of Pet Ownership in Elderly/Disabled
			 Housing
. The LHA shall attach an application for Pet ownership to
			 every lease of a unit in elderly/disabled housing. Each Tenant (including a
			 prospective Tenant about to sign a lease) who seeks to keep a Pet (other than
			 caged birds, which are not unreasonably noisy, or fish in tanks) shall first
			 ask for the LHA's approval of an application for Pet ownership. If a Tenant
			 does not own a Pet at the time, he or she may ask for conditional approval of
			 an application, and the LHA may approve Pet ownership by the Tenant conditional
			 upon his or her subsequent satisfaction of stated conditions. Upon approval of
			 an application by the LHA, the Tenant shall sign a Pet Rider to the lease.
			 Following approval of an application by the LHA and prior to keeping the Pet,
			 the Tenant shall post the requisite security deposit with the LHA.
(3)
Application for EOHLC
			 Approval of Pet Ownership in Elderly/Disabled Housing
. In the
			 event an LHA denies an application for Pet ownership, it shall notify the
			 Tenant in writing of the reasons for denial and the Tenant's right to appeal to
			 EOHLC, and it shall specify the time for appeal and the documentation required
			 to be submitted with the appeal. The Tenant (including a prospective Tenant
			 about to sign a lease) may, within 14 days of receipt of the denial, appeal to
			 EOHLC for permission to keep a Pet. In seeking permission from EOHLC, the
			 Tenant or prospective Tenant shall provide the following documentation (or an
			 explanation why the documentation is not reasonably available):
(a) a copy of the completed application for
			 Pet ownership and the LHA's denial of the application;
(b) a color photo and identifying description
			 of the proposed Pet;
(c) the name,
			 address and telephone number of a veterinarian and his or her statement of the
			 current health, weight and age of the proposed Pet;
(d) veterinary certificates of spaying or
			 neutering and of all inoculations and testing required by the
			 guidelines;
(e) a dog license if
			 such a license is required by the municipality;
(f) the names, addresses and telephone
			 numbers of two responsible persons, who are prepared to assume immediate
			 responsibility for the care of the Pet in an emergency; and
(g) a statement that the Tenant is prepared
			 to post a security deposit of $160.00 or one month's rent (whichever is
			 less).
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 6.10 - Waiver Provision

Current through Register 1525, July 5, 2024
An LHA may submit to EOHLC for approval a request for waiver
				from the provisions in 760 CMR 6.00. The LHA shall consult with the LTO(s)
				prior to submitting any such request to EOHLC. With any request for waiver the
				LHA shall submit to EOHLC a detailed written statement setting out why the
				waiver is needed and the benefit(s) anticipated from the waiver. The LHA shall
				provide a copy of the request for waiver with any supporting documentation to
				the LTO in a matter affecting the rights, status, or duties of Residents.
				Within 30 days, any affected LTO may submit to EOHLC a detailed written
				statement why a requested waiver should be denied. EOHLC, in its discretion may
				approve a waiver if it determines that good cause exists for the waiver which
				will likely have significant benefit and will likely serve a public
				purpose.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 8.00 - Privacy And Confidentiality › Section 8.01 - Applicability and Definitions

Current through Register 1525, July 5, 2024
760 CMR 8.00 shall be effective on
				November 15, 1996.
				760 CMR 8.00 replaces prior
				regulations appearing at 751 CMR 7.00.
The definitions of data subject, personal data, and personal data
				system appear in M.G.L. c. 66A, § 1. In addition, the following definitions
				apply:
Department - the Massachusetts Department of Housing and Community
				Development.
Holder - A local housing authority, redevelopment authority and any
				other person or entity which has a written contract, agreement or arrangement with a
				local housing authority or redevelopment authority to hold personal data in
				performing a governmental or public function or purpose.
LHA - a local or regional housing authority established under M.G.L.
				c. 121B, § 3 or § 3A, or a comparable special act.
LRA - a local redevelopment authority established under M.G.L. c.
				121B, § 4.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 8.00 - Privacy And Confidentiality › Section 8.02 - Informed Consent

Current through Register 1525, July 5, 2024
A data subject may give or withhold informed consent when requested
				by a holder to provide personal data.
(1)
			 Written Statement from Holder. Consent will be deemed "informed consent" only if the
			 holder provides to the data subject a written statement containing the following
			 information and the data subject indicates his/her written understanding and
			 agreement:
(a) an explanation of how the requested
			 data will be used and held;
(b) the
			 identity of persons, entities or agencies who will receive or hold the data, and an
			 assurance that all holders will keep the data confidential;
(c) an offer to answer any inquiries concerning
			 the data, indicating the data subject's right to object in accordance with
			 760 CMR
			 8.05; and,
(d) any legal requirements to provide the
			 requested data and any legal or administrative consequences arising from a decision
			 to withhold the data.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 8.00 - Privacy And Confidentiality › Section 8.03 - Collection and Maintenance of Personal Data

Current through Register 1525, July 5, 2024
(1)
			 Designation of Personal Data Officer. Each LHA and LRA shall designate one
			 individual to serve as the officer immediately responsible for the privacy,
			 confidentiality, and security of personal data consistent with M.G.L. c.
			 66A.
(2) Limit on Personal Data. A
			 Holder shall not collect or maintain more personal data than reasonably necessary
			 for the performance of the holder's legally authorized functions.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 8.00 - Privacy And Confidentiality › Section 8.04 - Access to Personal Data

Current through Register 1525, July 5, 2024
(1) Contracts or
			 Agreements with a Holder to Perform a Public or Governmental Purpose. A LHA or LRA
			 shall allow another person, entity or agency to hold personal data for a
			 governmental function or purpose only by written contract, agreement, or
			 arrangement. Such contract, agreement, or arrangement shall contain provisions
			 expressly informing the other person, entity or agency of its status as a Holder and
			 covering its legal obligations as such.
(2) Dissemination of Personal Data - General. A
			 Holder shall not allow any individual, agency, or entity not employed by the Holder
			 or under contract or agreement with the Holder under 760 CMR 8.04(1) to have access
			 to personal data unless such access is:
(a)
			 authorized by statute or by regulations which are consistent with the purposes of
			 M.G.L. c. 66A; or
(b) approved by the
			 data subject, unless the data subject is not entitled to access.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 8.00 - Privacy And Confidentiality › Section 8.05 - Objections and Administrative Appeals

Current through Register 1525, July 5, 2024
(1) Data
			 Subject's Right to Object. A data subject who objects to the accuracy, completeness,
			 pertinence, timeliness, relevance, use, or dissemination of his/her personal data or
			 the denial of access to his/her personal data, may personally, or through a duly
			 authorized representative, file an objection with the personal data
			 officer.
(2) Meritorious and
			 Non-meritorious Objections. The personal data officer shall investigate the validity
			 of the objection within 30 days of receipt and
(a)
			 if the objection is found to be meritorious, he or she shall correct or amend the
			 data or the methods for the use or dissemination of the data, or as appropriate,
			 permit access by the data subject to the data; or
(b) if the objection is found to lack merit,
			 provide the data subject the opportunity to have a statement reflecting his/her
			 views recorded and included with any subsequent dissemination of the personal data
			 in question.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 8.00 - Privacy And Confidentiality › Section 8.06 - Administration and Enforcement

Current through Register 1525, July 5, 2024
(1) Data System Notices
			 to Secretary of State. Each Holder shall upon the establishment, termination, or
			 change in the character of a personal data system, file a notice with the
			 Massachusetts Secretary of State pursuant to M.G.L. c. 30, § 63.
(2) Departmental Power of Review. The Department
			 may from time to time review the procedures of a Holder under
			 760 CMR 8.00. If the Department
			 finds the procedures deficient, the Department shall direct corrective
			 measures.
(3) Legal Action. Any Holder
			 which violates a provision of M.G.L. c. 66A may be subject to legal action pursuant
			 to M.G.L. c. 214, § 3B.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.01 - Purpose and Applicability; Definitions

Current through Register 1525, July 5, 2024
(1) The
			 purpose of
			 760 CMR 11.00 is to set forth the
			 procedures governing the preservation, modernization and development of housing
			 funded by the Department of Housing and Community Development (Department) through
			 grants to a local housing authority (LHA), as well as the procedures governing the
			 Capital Assistance Program.
(2) Unless
			 otherwise noted,
			 760 CMR 11.00 applies to both the
			 modernization and development of public housing funded by the Department.
(3) In addition to definitions in
			 760 CMR 4.00:
General
			 Administration of Local Housing Authorities,
5.00:
Eligibility and
			 Selection Criteria
and 6.00:
Occupancy Standards and Tenant
			 Participation for State-aided Housing,
and M.G.L. c. 7C, the following
			 definitions shall apply to
			 760 CMR 11.00:
Approval
. Unless otherwise specified,
Approval
by the Department shall mean approval in
				writing.
Capital Funds
. Funds provided by the
				Department to an LHA for the modernization and preservation of state-aided public
				housing, including Formula Funds and Special Capital Funds.
CPS
. The Department's web-based Capital
				Planning System that catalogues the condition of every building and site in the
				state-aided public housing portfolio.
Formula Funding
. Capital awards distributed
				to LHAs annually based on a formula as described in
				760 CMR 11.00.
Host Housing Authority (HHA)
. An LHA
				selected by the Department to employ and oversee an RCAT.
HHA Administrative Fee
. The administrative
				fee paid to an HHA from the RCAT Program budget.
Large Projects
. Unless otherwise specified
				in
				760
				CMR 11.07, a project shall be considered a Large
				Project if construction cost equals or exceeds the threshold established from time
				to time by the Department through written guidance. Initially, the Large Project
				threshold shall be $100,000 beginning Fiscal Year 2017.
Modernization
. Repair, upgrade, improvement
				or replacement of existing public housing systems and facilities.
RCAT
. One of three Regional Capital
				Assistance Teams employed at HHAs designated by the Department to carry out the RCAT
				Program.
RCAT Advisory Board
. The 11-member Regional
				Capital Assistance Team Advisory Board established for each HHA Region pursuant to
				760 CMR 11.00 to discuss issues of
				RCAT Program performance and coordination.
RCAT Program
. The Regional Capital
				Assistance Team Program established by the Department under M.G.L. c. 121B, §
				26C.
RCAT Region
. One of three geographic
				regions established by the Department for the purpose of the RCAT Program.
Special Capital Funds
. Capital awards made
				by the Department to LHAs on a competitive or discretionary basis for emergencies
				and special initiatives, as described in
				760 CMR 11.00.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.02 - Capital Improvement Plans and Project Funding Availability

Current through Register 1525, July 5, 2024
(1)
Capital Improvement Plans
			 (CIP)
.
(a) Each LHA must develop or
			 have in place an initial CIP, describing how the LHA will utilize and prioritize its
			 resources including funds, systems, practices and workforce to maintain the physical
			 condition of its state-aided public housing units over a five-year period. In order
			 to receive Capital Funds, an LHA must have a current Department-approved
			 CIP.
(b) Each LHA will submit an annual
			 update to its CIP to the Department prior to the beginning of each fiscal year as
			 part of its Annual Plan in accordance with
			 760 CMR 4.00:
General
			 Administration of Local Housing Authorities
and Department
			 guidelines.
(c) Each LHA shall involve
			 LTOs and residents in the process of creating the annual CIP in accordance with
			 760 CMR
			 6.09:
Tenant
			 Participation.
(d) Each LHA
			 participating in the RCAT Program shall involve its RCAT in decisions relating to
			 the creation and update of its CIP in accordance with
			 760 CMR 11.00.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.03 - Design

Current through Register 1525, July 5, 2024
(1)
Designer Selection
.
			 Unless pursuant to the Department's guidelines a capital project is exempt pursuant
			 to M.G.L. 7C, § 46, the LHA shall solicit applications from designers (as
			 defined by M.G.L. c. 7C, § 44) and conform to the requirements of M.G.L. c. 7C,
			 §§ 44 through 58, relating to procurement and quality of design services
			 (provided that, if at any time the Department has been granted an exemption from the
			 jurisdiction of the designer selection board described in M.G.L. c. 7C, § 45,
			 the Department shall exercise the functions of the designer selection board in
			 approving contracts for design services that would otherwise be subject to the
			 jurisdiction of such board.) The LHA shall comply with the LTO and Resident
			 Participation regulation at
			 760 CMR
			 6.09:
Tenant Participation,
and
			 an LHA participating in the RCAT Program shall also comply with the requirements of
			 M.G.L. c. 121B, § 26C and any related Department guidelines.
(2)
Contracts for Designer
			 Services
. Whether or not subject to M.G.L. c. 7C, each LHA engaging a
			 designer in connection with a capital project shall execute a contract for designer
			 services in the form prescribed by the Department.
(3)
Consistency with Department
			 Procedures, Budget and Design and Materials Criteria
. Each project
			 shall be developed in accordance with the Department's procedures and within the
			 budget established by the Department for the project. The LHA shall not approve any
			 design or materials that deviate from the Department's design and construction
			 guidelines without the prior written approval of the Department.
(4)
Required Permits
			 (Development)
. Upon request of the Department, the LHA shall apply for
			 such permits as the Department may deem necessary for construction of the project.
			 The LHA shall diligently pursue any such permit application.
(5)
Large Projects
. Large
			 Projects shall be subject to additional requirements as set forth in
			 760
			 CMR 11.07.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.04 - Bidding

Current through Register 1525, July 5, 2024
(1)
Statutory and Regulatory
			 Compliance in Bidding
. Bidding and approval of bidders shall be in
			 accordance with the Massachusetts General Laws, the regulations of the Division of
			 Capital Asset Management and Maintenance (810 CMR), and the Department's
			 directives.
(2)
Bid Award
			 Protests
. The LHA shall notify the Department immediately regarding any
			 formal bid award protest filed with the Bid Unit in the Office of the Attorney
			 General.
(3)
Rejection of
			 Bids
. The LHA shall reject any bidder whose bid price exceeds the
			 budget established for the project unless the Department shall have given prior
			 written authorization for acceptance of the bid. The LHA shall reject any or all
			 bids when requested in writing by the Department to do so.
(4)
Owner-contractor
			 Agreement
. The LHA shall execute an owner-contractor agreement in the
			 form prescribed by the Department. With respect to Large Projects, additional
			 Department approval shall be required as set forth in
			 760
			 CMR 11.07.
(5)
Large Projects
. Large
			 Projects shall be subject to additional requirements as set forth in
			 760
			 CMR 11.07.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.05 - LHA Management of Capital Funds

Current through Register 1525, July 5, 2024
Each LHA shall:
(a) Keep
			 accurate books and records, as prescribed by the Department in accordance with
			 760 CMR 4.00:
General
			 Administration of Local Housing Authorities
, subject to review by the
			 Department and auditors;
(b) Maintain
			 separate accounts so as to separate Capital Funds from other LHA funds,
			 and;
(c) Report, as directed by the
			 Department, on the status of Capital Funds received by the LHA, including
			 interest.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.06 - Construction

Current through Register 1525, July 5, 2024
(1)
Project
			 Representative
. Where the Department has determined that the services
			 of a project representative are required, the LHA shall advertise for, and select a
			 project representative to monitor daily construction activity. Both the project
			 representative and the project representative's compensation shall require approval
			 of the LHA and the Department.
(2)
Contract Officer
. The LHA shall designate a contract
			 officer whose function shall be to review payment requisitions from the contractor
			 and to approve periodic payments to the contractor.
(3)
Contractor Payments
.
			 The LHA shall make payments on the payment requisitions following approval by the
			 contract officer.
(4)
Change
			 Orders
. The LHA shall consider requests for change orders in accordance
			 with applicable contract provisions, the Department's procedures, and applicable
			 law.
(a) The designer shall review the
			 contractor's request and, if the designer deems a change to be necessary or
			 appropriate shall submit a written request for a change order including
			 specification of the reason for the change order to the LHA and the
			 Department.
(b) The LHA shall review
			 each request for a change order and if it determines it to be necessary or
			 appropriate may approve it subject to the approval of the Department.
(c) The LHA shall transmit a certified extract of
			 the LHA's vote approving any change order together with all pertinent documents to
			 the Department which may approve the change order if it deems it to be necessary or
			 appropriate.