reglab/statecodes huggingface dataset:
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 65.03 - Eligibility for Program Participation

Current through Register 1525, July 5, 2024
(1) A family shall
			 be eligible for STHT assistance if it is a homeless family or a family imminently at
			 risk of becoming homeless that is eligible for temporary emergency family shelter
			 pursuant to
			 760 CMR
			 67.06(1) and (2), and is not
			 ineligible pursuant to 760 CMR 65.03(2). Eligibility determinations for STHT
			 benefits shall be made by the Department or the Department's designee. The head of
			 household of a family referred to STHT but who has not yet received a benefit
			 determination or who is appealing a benefit determination shall inform the
			 administering agency at all times of current contact information, including address
			 and telephone numbers. Unless an address change is requested by such head of
			 household, the administering agency shall use the most recent address on file for
			 the family for any necessary communications.
(2) A family shall not be eligible for STHT
			 assistance:
(a) until it has completed all
			 documentation determined necessary for receipt of STHT benefits by the Department;
			 or
(b) if the family is receiving
			 Emergency Assistance temporary emergency shelter benefits pursuant to
			 760 CMR
			 67.06:
Temporary Emergency
			 Shelter
. A family who is ineligible under 760 CMR 65.03(2)(b) may become
			 eligible for STHT if it:
1. is receiving benefits
			 from the Emergency Assistance temporary emergency shelter program and has received a
			 written referral (which may include a document in electronic format) to STHT by the
			 Department or a designee of the Department; and
2. has not been served with a Notice of
			 Termination pursuant to
			 760 CMR
			 67.06(6). If such a notice has
			 been rescinded by the Department or overruled by the Department's Hearings Division,
			 such notice of noncompliance shall not be considered in determining eligibility
			 pursuant to 760 CMR 65.03(2).
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 65.04 - Determination of Benefits

Current through Register 1525, July 5, 2024
(1)
General
			 Provisions
.
(a) If administering
			 agency determines, pursuant to guidelines issued by the Department, that assistance
			 other than Rental Assistance will best serve the family in obtaining safe, permanent
			 housing, the Department may provide alternative housing-related expenses for
			 eligible families, in accordance with guidance published by the Department, which
			 guidance may, but need not, include household assistance payments for the purposes
			 listed in 760 CMR 65.04(3)(d) through (g). The administering agency shall determine
			 the specific benefits to be provided to a Participant in its reasonable discretion
			 pursuant to such guidelines as the Department may issue from time to time. Such
			 determination shall not be overturned unless in violation of the law or
			 760 CMR 65.00. Any assistance paid
			 under 760 CMR 65.04(1) must be necessary to maintain housing for the Participant
			 Family.
(b) Rental assistance shall be
			 limited to families who as of June 30, 2012, were receiving STHT rental
			 assistance.
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 65.06 - Required Documents

Current through Register 1525, July 5, 2024
Documents required in the administration of the STHT shall include,
				but are not limited to:
(1)
Provider Contract
. A contract setting out the duties and
			 obligations of the Department and the administering agency must be signed by
			 authorized representatives of both parties.
(2)
Rental Assistance Payment
			 Contract
. A contract provided by the Department must be signed by the
			 Owner of a Contract Unit or the Owner's Agent and an administering agency. The
			 Participant and the Recipient family are not parties to or third-party beneficiaries
			 of the Rental Assistance Payment Contract. No Recipient may exercise any right or
			 remedy against the owner under the Rental Assistance Payment Contract. The Rental
			 Assistance Payment Contract shall not be construed as creating any right of the
			 family or other third party (other than the Department) to enforce any provision of
			 the Rental Assistance Payment Contract, or to assert any claim against the
			 Department, the administering agency, or the Owner or Owner's Agent under the Rental
			 Assistance Payment Contract.
(3)
Lease or Lease Addendum
. All Rental Assistance Benefits
			 Participants and Owners or Owner's Agents will be required, as determined by the
			 Department, either to execute an STHT Lease in a form prescribed by the Department
			 or to incorporate into the lease between an Owner and an Owner's Agency an STHT
			 Lease Addendum prescribed by the Department.
(4)
Program Participation
			 Agreement
. All Participants and authorized administering agency
			 representatives must sign a Program Participation Agreement in a form provided by
			 the Department, which shall set out the rights, duties and obligations of the
			 Participant Family. The Program Participation Agreement shall constitute a contract
			 between the Participant and the administering agency.
(5)
Request for Program
			 Payment
. When a Rental Assistance Benefits Holder locates a Suitable
			 Unit, the Rental Assistance Benefits Holder shall submit to the administering agency
			 a Request for Program Payment, on a form prescribed by the Department, which shall
			 set out the address of the proposed Contract Unit, the number of bedrooms, the party
			 responsible for payment of utilities, the name and address of the Owner or the
			 Owner's Agent, and the proposed Contract Rent.
(6)
Language Access Plan
.
			 Any documents required for the administration of STHT that are to be provided to
			 applicants, Participants, or Recipients shall be translated in accordance with the
			 Department's Language Access Plan. Implementation of a form shall not, however, be
			 delayed due to unavailability of translations.
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 65.07 - Appeals Procedure

Current through Register 1525, July 5, 2024
The following actions by an Administering Agency may be appealed
				through the hearing procedure: the level and type of benefits granted under
				760 CMR 65.00, and termination of
				benefits under
				760 CMR 65.00. No other
				determinations by an Administering Agency or the Department shall be subject to
				appeal.
(1)
Appeal
.
(a) The
			 administering agency shall issue a Notice of Level and Type of Benefits or a Notice
			 of Termination (including any Notice of Termination reinstated pursuant to
			 760 CMR
			 65.05(1)(p)) when taking such
			 action as detailed in the nature of such notice. The Participant (Appellant) may
			 make a written request for a hearing to the administering agency, which must be
			 received by the administering agency at its mail office, by mail or other means of
			 delivery, within seven days after a notice of action by the administering agency has
			 been given to applicant or Participant.
(b) The Department or Department's designee shall
			 issue a Notice of Denial of STHT Benefits. The applicant (Appellant) may make a
			 written request for a hearing to the Department Division of Hearings pursuant to
			 760 CMR 67.00:
Eligibility
			 for Emergency Assistance (EA)
. The appeal of such a Notice shall be heard
			 by the Department Division of Hearings on accordance with
			 760
			 CMR 67.09:
Notification Requirements and
			 Fair Hearing Rights - EA
.
(c)
			 To the extent not otherwise specifically provided in
			 760 CMR 65.00, appeals shall
			 comply with the requirements of
			 801 CMR
			 1.02:
Informal/Fair Hearing
			 Rules
.
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 65.08 - Waiver Provision

Current through Register 1525, July 5, 2024
To the extent permitted by law, and to the extent required by the
				Americans with Disabilities Act and M.G.L. c. 151B, consistent with the rehousing
				goals and fundamental program requirements of benefits administered under
				760 CMR 65.00, provisions of
				760 CMR 65.00 may be waived in
				writing by the Director of the Department of Housing and Community Development if
				requested by an administering agency or Participant in writing for a good reason. An
				administering agency may submit such a request on behalf of a
				Participant.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.01 - Background and Purpose

Current through Register 1525, July 5, 2024
760 CMR 66.00 establishes rules,
				standards and procedures for the Housing Development Incentive Program (HDIP)
				created by M.G.L. c. 40V pursuant to St. 2010, c. 240, § 105. The Department of
				Housing and Community Development (the Department) is the regulatory agency for the
				program and is authorized to issue regulations to explain and implement the
				program.
The HDIP is designed to increase residential growth, expand
				diversity of housing stock, support economic development, and promote neighborhood
				stabilization in designated Housing Development Zones within Gateway municipalities
				by providing tax incentives to construct or rehabilitate multi-unit properties for
				sale or lease primarily as market rate units. The program provides two incentives
				for sponsors:
(a) a local property tax
			 exemption on the increased property value resulting from improvements; and
(b) a state tax credit for Qualified Project
			 Expenditures (QPEs).
The program is only available to Gateway municipalities, and in
				order to participate in the program, a Municipality must designate a Housing
				Development (HD) Zone and adopt a HD Zone Plan, which demonstrates the need for
				multi-unit market rate housing in the HD Zone and details the revitalization and
				redevelopment proposed for the HD Zone.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.02 - Definitions

Current through Register 1525, July 5, 2024
Terms used in M.G.L. c. 40V and not otherwise defined in
				760 CMR 66.00 shall have the
				meaning set forth in M.G.L. c. 40V, § 1 and shall be capitalized in
				760 CMR 66.00.
Certified Housing Development Project (HD
				Project)
- shall have the meaning set forth in M.G.L. c. 40V, § 1
				and may consist of one or more newly constructed or existing buildings on one or
				more parcels of land that receive permitting and are financed as a single
				undertaking.
Commissioner
- shall mean the Commissioner
				of Revenue.
Housing Development Zone (HD Zone)
- shall
				have the meaning set forth in M.G.L. c. 40V, § 1 and may include areas in more
				than one Municipality provided that these areas are contiguous.
Mixed-use
- use of a parcel of real
				property for residential use in combination with other commercial, institutional,
				medical, educational, recreational or other uses provided that the use is compatible
				with residential housing.
Municipality
- a Gateway municipality as
				defined in M.G.L. c. 23A, § 3A and, for the purposes of
				760 CMR
				66.03 and
				66.08, a
				Municipality designated as the lead Municipality pursuant to
				760 CMR
				66.03(5).
Qualified Project Expenditure (QPE)
- shall
				have the meaning set forth in M.G.L. c. 40V, § 1 including hard and soft costs
				related to the development of the Market Rate Residential Units except for
				acquisition costs.
Sponsor
- with respect to undertaking a
				proposed HD Project, shall have the meaning set forth in M.G.L. c. 40V, § 1
				provided that such entity or person is legally empowered and entitled to make
				commitments required to undertake and complete the proposed HD Project, and shall
				include any affiliated successor in interest formed to undertake the project.
Substantial Rehabilitation, Substantially
				Rehabilitated
- shall have the meaning set forth in M.G.L. c. 40V,
				§ 1 including adding stories to an existing building, expanding the foot print
				of an existing building by building out, and rebuilding on a site after demolition
				of an existing building provided that the demolition does not commence prior to the
				date that the Department grants a Preliminary Certificate for the HD
				Project.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.03 - Local Approval Process

Current through Register 1525, July 5, 2024
(1)
Designation of HD Zone and Preparation of HD Zone Plan
. The
			 Municipality shall designate an area as a proposed HD Zone pursuant to M.G.L. c.
			 40V, § 2 and
			 760 CMR
			 66.04 and shall prepare a proposed HDIP Zone Plan
			 meeting the requirements of
			 760 CMR
			 66.04(2).
(2)
Public Hearing
. The
			 Municipality shall hold a public hearing to take comments on both the proposed HD
			 Zone and HD Zone Plan. Notice of the hearing shall be given in a newspaper of
			 general circulation in the Municipality in each of two successive weeks, the last
			 publication being at least three days prior to the hearing.
(3)
Local Approval
.
			 Following the hearing, comments shall be considered, and the proposed HD Zone and HD
			 Zone Plan shall be finalized. Local approval shall be granted by the Municipality's
			 legislative body with the concurrence of the chief executive officer, subject to the
			 requirements and standards of the Municipality's charter and shall include the
			 authority to implement tax increment exemptions for a period not to exceed 20 years
			 for Certified HD Projects in accordance with M.G.L. c. 59, § 5M.
(4)
Negotiation of HD Tax Increment
			 Exemption Agreements
. Following municipal approval of the proposed HD
			 Zone and the proposed HD Zone Plan, the municipality may begin negotiating HD Tax
			 Increment Exemption Agreements with interested Sponsors.
(5)
Multiple Participating
			 Municipalities
. The following requirements apply when a HD Zone
			 includes areas in more than one Municipality.
(a)
			 The participating Municipalities shall designate a single such Municipality to make
			 all submissions to the Department required by
			 760 CMR
			 66.04 and to receive all communication from the
			 Department regarding such submissions.
(b) Each Municipality shall follow the
			 requirements for local approval set forth in 760 CMR 66.03 and
			 760 CMR
			 66.08. The designation of the lead Municipality
			 shall be included in all materials submitted in each Municipality for local
			 approval.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.04 - Designation of Housing Development (HD) Zones

Current through Register 1525, July 5, 2024
Following local approval pursuant to
				760 CMR
				66.03(3), the Municipality shall
				make an application to the Department for designation of the HD Zone. In addition to
				the requirements and standards of M.G.L. c. 40V, § 2 and certification by the
				Town or City Clerk of the grant of Local Approval pursuant to
				760 CMR
				66.03(3), each application shall
				contain the following materials.
(1)
HD Zone
.
(a) A statement
			 identifying a name for the proposed HD Zone.
(b) The rationale for the proposed HD Zone
			 including:
1. A statement describing the reasons
			 for defining the boundaries of the HD Zone in the manner that is proposed;
			 and
2. Independent and verifiable
			 documentation that demonstrates the need for multi-unit Market Rate Residential
			 Units in the HD Zone.
(c)
			 Maps depicting existing conditions of the proposed HD Zone and the immediate
			 surrounding area, including:
1. Boundaries of the
			 HD Zone and any significant distinct features that help define the nature and scope
			 of the HD Zone;
2. Locus within the
			 Municipality;
3. Existing property lines
			 and foot-print of buildings;
4. Existing
			 use of each parcel;
5. Existing zoning
			 of each parcel; and
6. If the HD Zone is
			 to include areas in more than one Municipality these areas shall be contiguous and
			 the description shall delineate the entire HD Zone together with the municipal
			 boundaries.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.05 - Certification of HD Projects and Qualified Project Expenditure

Current through Register 1525, July 5, 2024
Following approval of a HD Zone and HD Zone Plan by the Department,
				the Department will accept applications for certification of housing development
				projects as HD Projects and the QPEs.
(1)
General
.
(a) Sponsors
			 shall submit applications for Preliminary Certification and Conditional
			 Certification under the pains and penalties of perjury by a person authorized to
			 bind the Sponsors.
(b) An application
			 that provides all the information required by M.G.L. c. 40V and
			 760 CMR 66.00 shall be considered
			 a complete project proposal for purposes of M.G.L. c. 40V, § 4(c). If the
			 Department determines that an application is not complete, it shall provide the
			 Municipality with opportunity to supplement its application.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.07 - Housing Development Tax Credits (HDTC)

Current through Register 1525, July 5, 2024
In addition to the standards and requirements set out in M.G.L. c.
				40V, § 5, c. 62, § 6(q) and c. 63, § 38BB, HDTC shall be awarded and
				administered as follows.
(1)
Eligible Projects
. Only projects that have received a
			 Conditional Certification pursuant to
			 760 CMR
			 66.05(2)  and are located in a HD
			 Zone for which the Department's approval of the applicable HD Agreement has not been
			 suspended or revoked are eligible for an award of HDTC.
(2)
Prerequisites to Claiming
			 Credit
.
(a)
Project
			 Requirement
. HDTC may not be claimed by any taxpayer until the
			 Department has issued a Final Certification for the HD Project.
(b)
Taxpayer
			 Requirements
. In order to claim the credit, a taxpayer must provide to
			 the Commissioner the following:
1. Eligibility
			 Statement as provided in 760 CMR 66.07(3);
2. Allotment Certification, if applicable, as
			 provided in 760 CMR 66.07(4);
3.
			 Transfer Statement, if applicable, in accordance with the requirements of the
			 Commissioner; and
4. Massachusetts Carry
			 Forward Agreement, if applicable, in accordance with the requirements of the
			 Commissioner.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.08 - Amendments

Current through Register 1525, July 5, 2024
Amendments to a HD Zone, HD Zone Plan or HD Tax Increment Exemption
				Agreement must be approved by the Department. The incorporation of an approved HD
				Tax Increment Exemption Agreement into a HD Zone Plan as required by
				760 CMR
				66.06(2)  shall not be considered
				to be an amendment to a HD Zone Plan.
(1)
Application for Department Approval
.
(a) The application for an amendment shall include
			 a detailed description of the changes including:
1. The purpose of each change;
2. The effect of each change on the objectives of
			 the HD Zone Plan and the proposed development and redevelopment activities, public
			 and private, as set forth in the application for the Department's approval of the HD
			 Plan;
3. The effect of each change on HD
			 Projects;
4. Pertinent revisions of the
			 original application for approval of the HD Zone or HD Zone, or to the HD Tax
			 Increment Exemption Agreement, to reflect the changes; and
5. Certification by the Town or City Clerk of the
			 grant of Local Approval pursuant to 760 CMR 66.08(3).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.09 - Reporting and Review

Current through Register 1525, July 5, 2024
(1) On or before August
			 1st of each year, the Municipality shall submit to the
			 Department an annual report about actions undertaken to implement its HD Zone Plan
			 for the prior year containing such material as may be specified by the Department
			 including:
(a) A detailed description of the
			 progress of the elements of the HD Zone Plan in relation to the schedule
			 incorporated into the HD Zone Plan including all construction, reconstruction,
			 rehabilitation and related activities, both public and private, completed or in
			 process in connection with the HD Zone Plan;
(b) Information on the initial sale and leasing of
			 any Market Rate Residential Unit in a HD Project; and
(c) With respect to each HD Project, the Increment
			 used to calculate the HD Property Tax Exemption, the Exemption Percentage, and
			 property tax revenue by the Municipality in connection with the Market Rate
			 Residential Units.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.10 - Records and Documents

Current through Register 1525, July 5, 2024
(1) Municipalities shall
			 maintain accurate records and accounts of all activities carried out pursuant to the
			 HD Zone Plan in the any HD Zone. Such documents shall include, but not be limited
			 to:
(a) Applications for approval of the HD Zone,
			 HD Zone Plan, HD Tax Increment Exemption Agreements, and HD Project
			 certifications;
(b) Requests for
			 amendments to an existing HD Zone, HD Zone Plan or HD Tax Increment Exemption
			 Agreement;
(c) Orders or resolutions
			 pertaining to any local approval for a HD Zone, HD Zone Plan, HD Tax Increment
			 Exemption Agreements, and HD Project certifications; and
(d) Documents pertaining to the application and
			 award of HDTC.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v › Section 66.11 - Waiver

Current through Register 1525, July 5, 2024
(1) The Director of the Department may waive, in
			 writing, any provision of
			 760 CMR 66.00 not required by
			 statute provided that the Department determines that such waiver is consistent with
			 the purposes set out in the statute and
			 760 CMR 66.00, and that desired
			 relief is in the public interest.
(2)
			 Requests for a waiver shall be in writing to the Director, Department of Housing and
			 Community Development, 100 Cambridge Street, Suite 300, Boston, MA 02114, and shall
			 contain a reliable showing that the waiver meets all the requirements of 760 CMR
			 66.11.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.01 - Authority

Current through Register 1525, July 5, 2024
(1) Effective July 1, 2009, the Emergency
			 Assistance program and the regulations in
			 760 CMR
			 67.00 will be administered solely by the Department of
			 Housing and Community Development and not by the Department of Transitional
			 Assistance (106 CMR) in accordance with St. 2009, c. 4. Any reference in
			 760 CMR
			 67.00 to "Department" shall only refer to the
			 Department of Housing and Community Development. Where there are citations in
			 760 CMR
			 67.00 to regulations of the Department of Transitional
			 Assistance at
			 106
			 CMR 701.310 through
			 701.330,
			 701.350 through
			 701.360, and
			 701.380 through
			 701.390,
			 106
			 CMR 703.192 and
			 703.193,
			 106 CMR
			 704.000 through
			 704.510, and to regulations
			 of the Executive Office for Administration and Finance at
			 801
			 CMR 1.02:
Informal/Fair Hearing
			 Rules
, such regulations shall be applied by the Department of Housing
			 and Community Development in furtherance of this transfer of responsibilities.
			 Any other citation or cross-reference in
			 760 CMR
			 67.00 to other regulations, whether issued by DTA or
			 otherwise, shall not be considered binding in the application, implementation,
			 or interpretation of
			 760 CMR
			 67.00, although the Department may choose to use such
			 cross-references for guidance in interpretation of
			 760 CMR
			 67.00. The Department may issue such additional
			 guidance as may be necessary or helpful in the application, implementation, or
			 interpretation of
			 760 CMR
			 67.00 or statutes applicable to the Emergency
			 Assistance program. Where other regulations of the Department of Transitional
			 Assistance refer to
			 760 CMR
			 67.00 or to the Emergency Assistance program, such
			 regulations shall be applied by the Department of Transitional Assistance in
			 furtherance of this transfer of responsibilities. The Division of Hearings
			 within the Department of Transitional Assistance will conduct hearings and
			 render decisions on behalf of the Department of Housing and Community
			 Development for any requests for hearings received on June 30, 2009 by 5:00
			 P.M. The Division of Hearings will apply the regulations at
			 106 CMR
			 343.000:
Fair Hearing Rules
for such
			 cases.
(2) Emergency Assistance
			 (EA) to needy families with dependent children younger than 21 years of age or
			 to a pregnant woman without any dependent children shall be made available in
			 accordance with the provisions of
			 760 CMR
			 67.00.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.02 - Program Eligibility

Current through Register 1525, July 5, 2024
Emergency Assistance may be provided, in accordance with the
				timetable in
				760
				CMR 67.08, on behalf of a needy child younger
				than 21 years of age or a pregnant woman without any needy children and other
				members of the household provided the following criteria are met.
(1) The child:
(a)
1. Is
			 living within the EA household. For the purposes of
			 760 CMR
			 67.00, the EA household consists of the needy
			 child(ren), the parent(s), stepparent or caretaker relative(s) of the needy
			 child, a legal guardian and the siblings (including half-siblings and
			 step-siblings) of the needy child, who themselves are younger than 21 years of
			 age.
2. In extraordinary
			 circumstances, the Department may include other relatives of the needy child in
			 the EA household with the approval of the Associate Director or his or her
			 designee.
3. Verification of
			 relationship to the needy child shall be in accordance with
			 106
			 CMR 703.310:
TAFDC
			 Relationship
; or
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.03 - Other Eligibility Conditions

Current through Register 1525, July 5, 2024
(1) Unless otherwise
			 specifically referred to in
			 760 CMR
			 67.01(1), no other regulations
			 apply to
			 760 CMR 67.00.
(2)
								760
			 CMR 67.09 contains Department notification
			 requirements and fair hearing rights.
(3) Eligibility for a particular EA benefit(s) is
			 subject to the circumstances and provision of the verification(s) specified in
			 760 CMR 67.00 for the specific
			 benefit at the time of the provision of such benefit.
(4) In addition to the good cause criteria in
			 106 CMR
			 701.380:
Good Cause Criteria
,
			 transportation issues may be claimed as good cause if the EA household fails to
			 appear at the initial temporary emergency shelter placement or any subsequent
			 temporary emergency shelter placement.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.04 - Scope of Assistance

Current through Register 1525, July 5, 2024
(1) EA benefits for
			 specific items shall not exceed the amounts specified in
			 760 CMR 67.00.
(2) Provision of EA benefits shall be subject to
			 legislative appropriation.
(3) The
			 burden of producing verifications shall be on the applicant or recipient; however,
			 the Department will provide assistance in obtaining verifications.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.05 - Housing Assistance Program Services

Current through Register 1525, July 5, 2024
(1) An
			 EA-eligible household will be referred to the housing assistance program (HAP) when:
(a) it has been determined that it may be at risk
			 of losing its current living accommodations; or
(b) it has been approved for temporary emergency
			 shelter benefits.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.06 - Temporary Emergency Shelter

Current through Register 1525, July 5, 2024
(1)
Who Is
			 Eligible for Temporary Emergency Shelter
.
(a) household must meet the eligibility criteria
			 specified in
			 760 CMR 67.00. In addition, a
			 household is eligible only if:
1. the household is
			 at risk of domestic abuse in its current housing situation or is homeless because
			 the head of household fled domestic violence and the household has not had access to
			 safe, permanent housing since leaving the housing situation from which they
			 fled;
2. the household is homeless due
			 to fire, flood, or natural disaster through no fault of its members;
3. the household has been subject to eviction from
			 its most recent housing due to:
a. foreclosure for
			 no fault of the members of the household;
b. condemnation for no fault of the members of the
			 household;
c. conduct by a guest or
			 former household member who is not part of the household seeking emergency shelter
			 and over whose conduct the remaining household members had no control;
d. nonpayment of rent caused by:
(i) a documented medical condition; or
(ii) diagnosed disability; or
(iii) a documented loss of income within the last
			 12 months directly as a result of:
i. a change in
			 household composition; or
ii. a loss of
			 income source through no fault of the household; or
e. no fault eviction at the end of a lease or an
			 at-will tenancy; or
4. the
			 household in a housing situation where the household members:
a. do not include the primary lease holder;
			 or
b. the child(ren) of the household
			 are in a housing situation not meant for human habitation, and where;
c. there is a substantial health and safety risk
			 to the family that is likely to result in significant harm should the family remain
			 in such housing situation.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.07 - Other Services

Current through Register 1525, July 5, 2024
When appropriate, the following services provided by the Department
				or by groups operating under interagency agreements or contract with the Department
				shall be available to members of EA-eligible households.
(1) Information Services, to give EA households
			 written and verbal data about benefits and programs designed to help the households
			 with emergency situations. Such programs and benefits are offered by public and
			 private agencies.
(2) Referral Services,
			 to make arrangements for EA households to receive the additional benefits and
			 services the EA households need.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.08 - Table of Time Periods for Recipient Actions and Department Actions in the Emergency Assistance Program

Current through Register 1525, July 5, 2024
See
106 CMR
				701.500 through
				701.530.
EMERGENCY ASSISTANCE BENEFIT
RECIPIENT VERIFICATION
TIME FROM DATE OF DEPARTMENT NOTICE
DEPARTMENT SERVICE DELIVERY TIME (IF VERIFICATION IS
							 TIMELY) FROM DATE OF REQUEST FOR SERVICES
Temporary emergency shelter
two calendar days
seven calendar days*
* The service shall be provided in fewer than seven days when there
				is serious and imminent risk to the health or safety of the
				recipient.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.09 - Notification Requirements and Fair Hearing Rights-EA

Current through Register 1525, July 5, 2024
The rights and procedures governing the informal hearing
				procedure, as specified in
				801 CMR
				1.02:
Informal Rules
, apply
				to the EA program, except to the extent that they are inconsistent with 760 CMR
				67.09, in which case the provisions of 760 CMR 67.09 apply.
(1)
Notification
			 Requirements
. The Department shall send written notification of
			 approval, denial, noncompliance and/or termination of EA benefits to the EA
			 household. Any required communications with the EA household during the
			 application process, after approval, but before placement, or after denial,
			 shall be sent to the last address of record reported by the applicant during
			 the application process, unless otherwise notified in writing by the EA
			 household.
(a) When the Department determines
			 that it is necessary to terminate EA temporary emergency shelter benefits, the
			 Department shall send the EA household written notice of termination on a form
			 prescribed by the Department. This notice shall be sent to the address of
			 record. Unless otherwise notified in writing by the EA household, the
			 Department will use the last shelter address as the address of record. Any
			 required communications with the EA household after it has left EA temporary
			 emergency shelter, whether after receipt of a notice of termination or
			 otherwise, shall continue to be sent to the last shelter address, unless
			 otherwise notified in writing by the EA household. This notice must be sent at
			 least ten calendar days in advance of the proposed termination date. This
			 notice shall specify:
1. the reason(s) why the
			 EA household is being terminated; and
2. the date the shelter benefits will be
			 terminated.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 67.00 - Eligibility for Emergency Assistance (EA) › Section 67.11 - Waiver Provision

Current through Register 1525, July 5, 2024
To the extent permitted by law, and to the extent required by
				the Americans with Disabilities Act and M.G.L. c. 151B, consistent with the
				fundamental program requirements and goals of benefits administered under
				760
				CMR 67.01 through
				67.11, provisions of
				760
				CMR 67.01 through
				67.10 may be waived in
				writing by the Director of the Department of Housing and Community Development
				if requested by a provider of services, applicant, or recipient in writing for
				a good reason.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.01 - Background, Purpose and Applicability

Current through Register 1525, July 5, 2024
The Community Investment Tax Credit (CITC) was created by St. 2012,
				c. 238, §§ 29, 35, 36, 82, 83, 95, 97, 97A, and 98; amended by St. 2013,
				c. 36, §§ 8 through 15, 58, and 82; M.G.L. c. 63, § 38EE; amended by
				St. 2016, c. 219, §§ 78, 79, 92 and 93; and by St. 2018, c. 99,
				§§ 11, 12, 12A, 19, 20, and 21; and codified at M.G.L. c. 62, § 6M
				and M.G.L. c. 63. The Department of Housing and Community Development (DHCD) is the
				administering agency for this program and is responsible for managing the process by
				which the tax credits are allocated. DHCD is required by statute to issue
				regulations to implement the CITC program.
The CITC is designed to enable local residents and stake-holders to
				work with and through community development corporations (CDCs) to partner with
				nonprofit, public, and private entities to improve economic opportunities for low
				and moderate income households and other residents in urban, rural, and suburban
				communities across the Commonwealth. CDCs accomplish this through adoption of
				community investment plans to undertake community development programs, policies,
				and activities.
Under the program, CDCs and Community Support Organizations (CSOs)
				are eligible to apply to DHCD for selection as a Community Partner and receive an
				allocation of tax credits. First time allocation awards are based on DHCD's
				determination of the quality of the adopted Community Investment Plan (CIP), in the
				case of CDCs, or capacity building proposal, in the case of CSOs. Subsequent year
				allocation awards are based on DHCD's determination that the Community Partner is
				making adequate progress on its credit utilization and adequate progress
				implementing its CIP or Work Plan. Receipt of a CITC allocation award enables
				Community Partners to solicit and receive qualified investments from donor taxpayers
				and to provide those donor taxpayers with tax credits in exchange for qualified
				investments made to the Community Partner.
760 CMR 68.00 establishes rules,
				standards, and procedures for the CITC program. 830 CMR 62.M.1:
Community
				Investment Tax Credit
explains how to calculate the CITC allowed for
				qualified investments to a community partner or community partnership fund. The CITC
				is applicable to tax years beginning, and for qualified investments made, on or
				after January 1, 2014 through December 31, 2025, or to such time as the Legislature
				may extend the expiration date of the CITC.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.02 - Definitions

Current through Register 1525, July 5, 2024
Terms used in M.G.L. c. 62, § 6M, and not otherwise defined in
				760 CMR 68.00, shall have the
				meaning set forth in M.G.L. c. 62, § 6M. Terms used in M.G.L. c. 63, §
				38EE, and not otherwise defined in
				760 CMR 68.00 or M.G.L. c. 62,
				§ 6M, shall have the meaning set forth in M.G.L. c. 63, § 38EE.
Community Development
. A physical
				development, including affordable housing and commercial real estate development and
				preservation; community planning pertaining to physical and economic development;
				economic development, including business assistance and development; and asset
				development to build the economic capacity, mobility, and stability of low-income
				persons (
e.g
., homeownership assistance, financial education,
				foreclosure prevention, Individual Development Accounts (IDAs) and savings programs,
				and job training and creation programs).
Rural Area
. A municipality with a
				population of less than 7,500 or a group of municipalities, 75% or more of which
				have populations of less than 7,500.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.03 - CITC Application Process

Current through Register 1525, July 5, 2024
(1) The Department
			 will issue a Notice of Funding Availability (NOFA) containing detailed information
			 concerning the application content and process for CITC allocations to Community
			 Partners, including CDCs and CSOs.
(2)
			 CDC applications for selection as a Community Partner and/or for an allocation of
			 CITCs must include:
(a) a Community Investment
			 Plan (CIP) as defined in M.G.L. c. 62, § 6M(b) and as further defined by the
			 Department in an administrative guidance and/or NOFAs; or
(b) evidence of a valid approved CIP and
			 documentation demonstrating adequate progress implementing the CIP.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.04 - CITC Amendments and Extensions

Current through Register 1525, July 5, 2024
Amendments and extensions of CITC allocations must be approved in
				writing by the Department. The Department may amend a CITC allocation to reduce or
				increase the amount allocated.
(1)
Application for Department Approval of Amendment
. The
			 application for an amendment to a CITC allocation shall be in writing in a format
			 prescribed by the Department.
(2)
Application for Department Approval of Extension
. A
			 Community Partner that anticipates that it will not be able to fully utilize its
			 CITC allocation within three years may apply in writing to the Department for a
			 one-year extension, subject to any restrictions or limitations the Department may
			 implement through administrative guidance or contract. The application shall be in
			 writing in a format prescribed by the Department, and must be submitted to the
			 Department not less than 90 days prior to the expiration of the three-year
			 allocation period.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.05 - Reporting and Review

Current through Register 1525, July 5, 2024
(1) Each Community
			 Partner shall submit such progress reports as may be required by the
			 Department.
(2) The Department may
			 revoke a CITC allocation in accordance with M.G.L. c. 62, § 6M(c)(3).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.06 - Records and Documents

Current through Register 1525, July 5, 2024
(1) Each Community
			 Partner shall maintain accurate records and accounts of all activities undertaken
			 with a CITC allocation as prescribed by the Department.
(2) Community Partners shall permit Department
			 staff or auditors engaged by the Department to examine and make copies of all
			 records and accounts relating to the CITC allocation during all normal business
			 hours.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 68.00 - Community Investment Tax Credit Program › Section 68.07 - Waiver

Current through Register 1525, July 5, 2024
(1) The Undersecretary of the Department of
			 Housing and Community Development or the Undersecretary's designee may waive, in
			 writing, any provision of
			 760 CMR 68.00 not required by
			 M.G.L. c. 62, § 6M or M.G.L. c. 63, § 38EE, provided that the Department
			 determines that such waiver is consistent with the purposes set out in the statute
			 and
			 760 CMR 68.00, and that desired
			 relief is in the public interest.
(2)
			 Requests for a waiver shall be in writing to the Undersecretary, Department of
			 Housing and Community Development, 100 Cambridge Street, Suite 300, Boston, MA
			 02114, and shall contain a reliable showing that the waiver meets all the
			 requirements of 760 CMR 68.07(1).
Code of Massachusetts Regulations › 761 CMR - MASSACHUSETTS HOME MORTGAGE FINANCE AGENCY › Title 761 CMR 2.00 - Findings Released Prior To Acceptance Of Program Applications › Section 2.01 - Authority

Current through Register 1525, July 5, 2024
These Rules and Regulations are issued by Home Mortgage Finance Agency under authority conferred by St. 1974 c. 846 as amended.
Code of Massachusetts Regulations › 761 CMR - MASSACHUSETTS HOME MORTGAGE FINANCE AGENCY › Title 761 CMR 2.00 - Findings Released Prior To Acceptance Of Program Applications › Section 2.02 - Required Agency Findings and Determination

Current through Register 1525, July 5, 2024
(1)
Loans-to-Lenders Program
(a) Loan Applications, the Agency shall find:
1. Mortgage lenders in the Commonwealth are not making loans available to low-income persons and families, as defined in M.G.L. c. 23 App., S2.1, in amounts and at terms which enable them to purchase, maintain and rehabilitate decent, safe and sanitary one-to four-family homes for their own occupancy;
2. Mortgage lenders in the Commonwealth are not making loans available to moderate-income persons and families in amounts and at terms which enable them to purchase, maintain and rehabilitate decent, safe and sanitary one-to four-family homes for their own occupancy without spending more than 25% of their income on housing expenses (including the provision of heat, electricity, hot water and an allowance for maintenance and repairs);
3. By making low-cost loans to mortgage lenders under the MHMFA Loans-to-Lenders Program, the inability of low and moderate-income persons and families to purchase, maintain and rehabilitate their own homes will be alleviated;
4. The criteria for eligibility of borrowers, maximum loan amounts and terms for loans by mortgage lenders to borrowers as set by the Agency for its Loans-to-Lenders Program are appropriate to accomplish the legislative purpose set forth in the Agency's Enabling Statute, M.G.L. c. 23 App., S2.1
et seq.
, as amended.
Code of Massachusetts Regulations › 761 CMR - MASSACHUSETTS HOME MORTGAGE FINANCE AGENCY › Title 761 CMR 9.00 - Neighborhood Preservation Area Program › Section 9.01 - Neighborhood Preservation Areas

Current through Register 1525, July 5, 2024
MHMFA may designate defined sections or neighborhoods within a town or city as Neighborhood Preservation Areas (NPA). Financial institutions originating Mortgage Loans for participation in MHMFA loan programs will reserve an agreed upon amount of mortgage funds for use within the NPA. Therefore, Neighborhood Preservation Area designation will insure that a specific dollar volume of Mortgage Loans is available to residents of an area. Because many structures within a confined area will be improved in a short period of time, there should be a significant impact in terms of improved living conditions and housing market within the area. Also, the commitment from the municipality for improved public facilities and services will increase the imp act of the imp roved housing structures. The availability of financial counseling, technical assistance, and promotion of the loan program should further serve to stabilize the NPA.
Areas selected as Neighborhood Preservation Areas should be relatively small neighborhoods, communities or sub-sections within the town or city in which the residents possess a sense of common identity, purpose or concern. Areas with identifiable natural physical boundaries and/or strong neighborhood organizations representing the residents of the area are good candidates for inclusion in NPA applications.