Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 65.00 - The Massachusetts Short-term Housing Transition Program › Section 65.02 - Definitions

Current through Register 1525, July 5, 2024
(1) Definitions in
				760 CMR
				4.02:
Definitions
and
				760 CMR
				5.03:
Definitions
shall apply in
				760 CMR 65.00, except that:
Applicant or Homeless Applicant
shall mean
				the head of household of a family qualified to apply for temporary emergency shelter
				under 760 CMR 76.06(1) and (2).
Appropriate Unit Size
shall mean a housing
				unit that complies with the requirements of
				105 CMR 410.000:
Minimum
				Standards of Fitness for Human Habitation
and with any applicable
				provisions of 780 CMR:
Board of Building Regulations and Standards
for the family composition of a Participant Family.
(a) Bedrooms are expected to be shared on the following
				basis:
1. The head of household shall share a bedroom with:
a. his or her spouse;
b. the person with whom the head of household is involved as a
				couple in an inter-dependent relationship that is intended to be long-term;
				or
c. the person who is the other biological or adoptive parent of a
				child in the family, if any.
2. All remaining family members will be allocated one bedroom per
				two family members, regardless of sex, age, or relationship of these family members,
				except that no person over the age of ten shall be required to share a bedroom with
				another person of the opposite gender.
3. Exceptions may be made by administering agencies for medical
				reasons upon presentation of reasonable documentation of the medical need for a
				different arrangement on the letterhead of a health care professional and signed by
				such professional.
4. household members not required to share a room pursuant to 760
				CMR 65.02:
Appropriate Unit Size
may elect to share a
				bedroom.
(b) If the Participant locates a unit containing one more room than
				provided under 760 CMR 65.02:
Appropriate Unit Size
(a) or
				(b), and the contract rent for such unit is not more than 80% of the FMR for an
				Appropriate Unit meeting the requirements of 760 CMR 65.02:
Appropriate
				Unit Size
(a) or (b), such unit shall be deemed to meet Appropriate
				Unit Size requirements.
Family or Household
shall mean household as
				defined in
				760 CMR
				67.02(1).
Unit
Where the context involves STHT, unit
				shall mean a housing unit where a Participant Family resided, resides, or will
				reside.
The following definitions shall also apply:
Administering Agency
- shall mean a
				government agency or nonprofit organization with which the Department has a
				contractual relationship to provide services and benefits to Recipients.
Contract Rent
shall mean the total monthly
				rent specified in the lease, the Request for Program Payment and Rental Assistance
				Payment Contract for a Contract Unit occupied by a Participant Family. The Contract
				Rent includes the value of the Rental Assistance paid by STHT and the amount of the
				Participant's share of rent. Contract Rent does not include payments made by the
				Participant separately to utility providers for the cost of heat, cooking fuel,
				and/or electricity or the amount of utility allowances calculated pursuant to
				760 CMR
				65.04(2)(b).
Contract Unit
shall mean a unit occupied by
				a Participant Family for which the Participant submits a Request for Program Payment
				and enters into a lease with the Owner. The Owner or Owner's Agent and the
				Administering Agency will also sign a Rental Assistance Payment Contract for the
				Contract Unit.
Guidance
shall mean any guidance or
				guidelines issued by the Department to assist in the implementation of
				760 CMR 65.00. No guidance that
				affects the procedures applicable to or benefits of an applicant or Participant
				shall take effect until posted on the Department's website.
Hearing Officer
shall mean an impartial
				person appointed by the administering agency that conducts hearings on appeals in
				accordance with an approved hearings procedure and renders written decisions based
				on the material facts and applicable law.
Homeless
shall mean homeless due to lack of
				feasible alternative housing and eligible for temporary emergency shelter benefits
				pursuant to
				760 CMR
				67.06(1) and (2).
Imminently at Risk of Becoming Homeless
shall mean:
(a) That an applicant meets the definition of Homeless in 760 CMR
				65.02:
Homeless
and has been served:
1. if a tenant, by a sheriff or constable on behalf of the Owner or
				Owner's agent with a 48-hour notice of levy on execution in the context of a summary
				process action for eviction, or if such tenant has fewer than 48 hours left before
				the final date set for vacation or for issuance execution (or the later date, if
				both are stated) in an agreement for judgment approved by a court;
2. if an authorized subtenant or authorized household member of a
				primary tenant, by the primary tenant, with a copy to the Owner or Owner's agent,
				with written notice that the applicant and the applicant's family will be barred
				from the primary tenant's unit and forbidden from re-entry except as a daytime guest
				or as an overnight guest for not more than two nights, after a date not more than 48
				hours in the future at the time of application;
3. if not a tenant, authorized subtenant, or authorized household
				member of a tenant, by the primary tenant or owner of the dwelling in which the
				applicant has been residing with written notice that the applicant and the
				applicant's family will be barred from the primary tenant's or owner's premises and
				forbidden from re-entry except as a daytime guest or as an overnight guest for not
				more than two nights, after a date not more than 48 hours in the future at the time
				of application.
(b) In the case of an Agreement for Judgment stating a date certain
				by which the applicant will vacate or by which execution shall issue, the applicant
				shall be deemed imminently homeless 48-hours prior to the date set for vacation of
				the premises or for issuance of execution, or the later date if two such dates are
				included in the Agreement for Judgment.
(c) In the case of an applicant who is not a tenant, authorized
				subtenant, or authorized household member of a tenant, imminent risk of homelessness
				may be verified, in the alternative to a notice from the primary tenant or Owner or
				Owner's Agent, by investigation by the administering agency or its designee.
(d) In cases involving 760 CMR 65.02:
Imminently at Risk
				of Becoming Homeless
(a)2. and 3. the Department or Department's
				designee shall, in addition, confirm the imminence of the applicant's required
				departure from the primary tenant's unit.
Median Area Income
shall mean the median
				income for the relevant geographical area, as published in the most recent federal
				Department of Housing and Urban Development annual median area income guide.
Notice of Denial of STHT Benefits
shall
				mean notice from the Department or the Department's designee to a recipient of or
				eligible applicant for Emergency Assistance temporary emergency shelter benefits
				pursuant to
				760 CMR
				67.06:
Temporary Emergency
				Shelter
that the recipient's request for a referral to benefits
				administered under
				760 CMR 65.00 has been denied. A
				notice of denial of STHT benefits shall advise the applicant that the applicant has
				a right to appeal, to a hearing, the time for requesting such a hearing, and the
				manner for requesting such a hearing. It shall advise the applicant of the right to
				be represented at a hearing.
Notice of Level and Type of Benefits
shall
				mean notice from an Administrating Agency to a Participant of the type and level of
				benefits determined applicable to the Participant Family under
				760 CMR 65.00, including initial
				determinations of benefits upon commencement of participation in the STHT program,
				subsequent redeterminations of benefits upon annual or interim recertifications, and
				reasonable requests for modification of the terms of a Stabilization Plan. A notice
				of level and type of benefits shall advise the Participant that the Participant has
				a right to appeal, to a hearing, the time for requesting such a hearing, and the
				manner for requesting such a hearing. It shall advise the Participant of the right
				to be represented at a hearing.
Notice of Termination
shall mean notice
				from an Administering Agency to a Participant that the Participant Family's benefits
				under
				760 CMR 65.00 are to be
				terminated. A notice of termination shall advise the Participant that the
				Participant has a right to appeal, to a hearing, the time for requesting such a
				hearing, and the manner for requesting such a hearing. It shall advise the
				Participant of the right to be represented at a hearing.
Owner
shall mean a person (including a
				corporation or other entity) who has legal title to property.
Owner's Agent
shall mean a person who is
				legally authorized to act in the place of the Owner for the purpose of transacting
				business.
Participant
shall mean the head of
				household of a family that is authorized to receive benefits pursuant to
				760 CMR 65.00 and that has
				commenced receiving such benefits. A participant in the Emergency Assistance program
				pursuant to
				760 CMR 67.00:
Eligibility
				for Emergency Assistance (EA)
shall not become a Participant in the STHT
				program pursuant to
				760 CMR 65.00 until he or she has
				ceased participation in the Emergency Assistance program and is no longer receiving
				any benefits from the Emergency Assistance program. An individual determined
				eligible for STHT benefits shall not become a Participant unless the benefit is
				utilized within 60 days of the determination of eligibility, with the possibility of
				an additional 30-day extension upon a showing of good cause, as determined by the
				administering agency.
Participant Family
shall mean a family
				that is authorized to receive benefits pursuant to
				760 CMR 65.00.
Program Participation Agreement
shall mean
				a contract document between the administering agency and a Participant that
				certifies program eligibility and sets forth program requirements, guidelines and
				benefits for applicants who have been determined eligible for assistance pursuant to
				760 CMR 65.00. This agreement may
				be incorporated into a single document with a stabilization plan.
Recipient
shall mean each family member of
				a family who is authorized to receive benefits pursuant to
				760 CMR 65.00.
Rental Assistance Benefits Holder
shall
				mean a Participant who has been accepted into the STHT Program and who has been
				determined suitable by the administering agency to receive Rental Assistance
				benefits. When the Participant Family locates to a Suitable Unit, and executes a
				lease for that unit, the Rental Assistance Benefits Holder becomes a Rental
				Assistance Benefits Participant.
Rental Assistance Benefits Participant
shall mean a Participant who has been accepted into the STHT Program, been
				determined suitable by the administering agency to receive Rental Assistance
				benefits, located to a Suitable Unit, and executed a lease for that unit, Rental
				assistance benefits are available to the Rental Assistance Benefits Participant,
				whether or not the Participant moves, provided he or she remains eligible.
Rental Assistance Payment
shall mean an
				amount paid by an administering agency to an Owner or Owner's Agent in accordance
				with
				760 CMR 65.00, or in
lieu
thereof and at the discretion of an administering agency, a
				STHT household assistance payment to the Rental Assistance Benefits Participant in
				an amount that equals the remaining amount of the Rental Assistance Payment that
				would otherwise be due to the Owner or Owner's Agent on behalf of the Rental
				Assistance Benefits Participant plus any applicable Utility Allowance
				Payment.
Suitable Unit
shall mean a dwelling unit
				for which a Rental Assistance Payment Contract is to be executed.
(a) The unit must:
1. be intended for occupancy by the Participant Family and as the
				Participant Family's Primary Residence;
2. be of an appropriate unit size for the Participant Family in
				accordance with 760 CMR 65.02:
Appropriate Unit Size
.
3. comply with
				105 CMR 410.000:
Minimum
				Standards of Fitness for Human Habitation State Sanitary Code: Chapter II
(including lead paint laws, whenever the family includes a child under the age of
				six years), 780 CMR:
Board of Building Regulations and
				Standards
.
4. be available for rent for a cost of rent plus utility allowance
				not more than 80% of the fair market rent (FMR) for an appropriate size unit for the
				family in the applicable geographic area as determined by the United States
				Department of Housing and Urban Development; and
5. adequately accommodate the disabilities of the family and not
				result in job loss for Recipients
(b) For purposes of 760 CMR 65.02:
Suitable
				Unit
(a)1., additional individuals may also reside together with the
				Participant Family in the unit with the permission of the Participant, the Owner,
				and the administering agency, with notice to the Department. In such cases, the unit
				must comply with
				105 CMR 410.000:
Minimum
				Standards of Fitness for Human Habitation State Sanitary Code: Chapter II
,
				780 CMR:
Board of Building Regulations and Standards
, and 760 CMR
				65.02:
Appropriate Unit Size
based on the total number of
				residents in the unit (except that two heads of separate households sharing a unit
				shall not be required to share a bedroom), and the fair market rent for the unit
				shall be determined based on the number of bedrooms that can be occupied by the
				total number of residents pursuant to the
				105 CMR 410.000:
Minimum
				Standards of Fitness for Human Habitation State Sanitary Code: Chapter II
and 760 CMR 65.02:
Appropriate Unit Size
. STHT rental
				assistance benefits provided to a Participant Family housed with other individuals
				pursuant to 760 CMR 65.02:
Suitable Unit
shall be based on
				the
pro rata
relationship of the number of family members in each
				Participant Family, as determined by
				760 CMR
				67.02(1):
Household
, (if two or more Participant families share the unit) or
				the
pro rata
relationship of the number of family members in the
				Participant Family, as determined by
				760 CMR
				67.02(1):
Household
, and the individuals residing with the Participant Family
				who are not members of STHT Participant Families.
(c) To verify compliance with 760 CMR 65.02:
Suitable
				Unit
(a) 3., in the case of rental assistance, the administering
				agency, before move-in by the Participant Family, shall, pursuant to such guidelines
				as may be issued by the Department, inspect each unit to verify that it does not
				contain any conditions endangering or impairing health or safety pursuant to
				105 CMR
				410.750:
Conditions Deemed to Endanger or
				Impair Health or Safety
. Within 30 days of move-in, the Owner or Owner's
				Agent shall provide to the administering agency a Certificate of Occupancy or
				equivalent verifying that the unit is in compliance with
				105 CMR 410.000:
Minimum
				Standards of Fitness for Human Habitation State Sanitary Code: Chapter II
,
				any applicable 780 CMR:
Board of Building Regulations and Standards
requirements, and (if the family includes a child younger than six years of
				age) applicable lead paint law. Re-inspections may be required pursuant to
				guidelines issued by the Department. In the case of household assistance, compliance
				shall be verified by a certification of compliance with applicable statutory and
				regulatory requirements by the Owner or Owner's Agent. The administering agency
				shall not be responsible for the maintenance of the unit or liable for conditions in
				the unit or for failure of the Owner or Owner's Agent to maintain the unit.
(d) 760 CMR 65.02:
Suitable Unit
(a)4.
				shall not apply to families previously housed in short-term housing transition
				programs currently administered by the Department that are transitioning or have
				transitioned to benefits administered under
				760 CMR 65.00 in the unit occupied
				by the family at the time of transition, if the family would be displaced due to 760
				CMR 65.02:
Suitable Unit
(a)4. The rent for units occupied
				by such families shall not exceed the rental payment amount for such unit
				immediately prior to the family's transition to benefits under
				760 CMR 65.00. 760 CMR 65.02:
Suitable Unit
(a)4. may be waived by the Department if the
				Department determines that placement of a Participant Family in such unit is
				cost-effective and meets the short-term housing needs of the Participant Family in a
				timely manner.
Temporary Accommodation
shall mean a
				facility available for short- or long-term overnight stays and compliant with the
				provisions of 780 CMR:
Board of Building Regulations and Standards
and, if applicable,
				105 CMR 410.000:
Minimum
				Standards of Fitness for Human Habitation State Sanitary Code: Chapter II
,
				relevant to the particular facility. Compliance with State Building Code and State
				Sanitary Code requirements shall be the responsibility of the Owner of such
				facility. Temporary Accommodations are not required to comply with the maximum rent
				provisions of the definition of Suitable Unit.
Utilities
shall mean any or all of the
				following: electricity and any other fuels for heat, hot water, and cooking.
(2)
Computation of Time
. In computing any
				period of time prescribed or allowed by
				760 CMR 65.00, the day of the act,
				event, or default after which the designated period of time begins to run shall not
				be included. The last day of the period so computed shall be included, unless it is
				a Saturday, a Sunday, or a legal holiday, in which event the period runs until the
				end of the next day which is not a Saturday, a Sunday, or a legal holiday. Unless
				otherwise specified, when the period of time prescribed or allowed is less than ten
				days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the
				computation. As used in
				760 CMR 65.00, "legal holiday"
				includes those days specified in MG.L. c. 4, § 7 and any other day appointed as
				a holiday by the President or the Congress of the United States or designated by the
				laws of the Commonwealth.