Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 38.00 - Department Of Mental Health Rental Subsidy Program › Section 38.02 - Definitions

Current through Register 1525, July 5, 2024
Administering Agency (AA)
. A local housing
				authority established under M.G.L. c. 121B, § 3, or comparable provision of
				earlier general laws or special act; or a regional administering agency, a nonprofit
				corporation, or other entity under contract to DHCD to administer the DMH Rental
				Subsidy Program, which agrees to administer the DMH Rental Subsidy Program for
				eligible Housing Units leased both to Service Providers and to
				Client-tenants.
Client
. A person who is:
(a) enrolled either in a DMH operated or contracted service having
				residential support services or DMH case management, pursuant to 104 CMR 29.00:
Application for DMH Services, Referral, Service Planning and
				Appeals;
and
(b) approved to participate in the DMH Rental Subsidy Program either
				as a Client-resident or as a Client-tenant.
Client-resident
. A Client who resides in a
				Residence Unit within or constituting a Housing Unit leased to a Service
				Provider.
Client-tenant
. A Client who enters into a
				lease directly with an owner of a Housing Unit.
Contract Rent
. The total monthly rent to be
				paid to the property owner as specified in the DMH Rental Subsidy Program lease or
				other contract governing the use of the Housing Unit to house a Client(s). The
				Contract Rent includes the Occupancy Charge for each Client occupying a Residence
				Unit within the Housing Unit and the subsidy amount paid by the AA. The Contract
				Rent will be determined in part on whether the owner or Tenant pays the costs of
				Utilities.
DHCP
. The Massachusetts Department of
				Housing and Community Development.
DMH
. The Massachusetts Department of Mental
				Health, a department within the Executive Office of Health and Human Services for
				the Commonwealth of Massachusetts. DMH is responsible for selecting Service
				Providers and Clients, for allocating rental assistance subsidy funds and for
				performing inspections of Housing Units leased to Service Providers.
DMH Rental Subsidy Program
. A program to
				assist low-income Clients to live in a residential community setting through the
				provision of supportive residential services or case management and a rental
				subsidy. DHCD provides a rental subsidy and DMH provides case management or
				supportive residential services either directly or through contracted Service
				Providers.
Eligible Property
. A building; development;
				rooming, lodging, or boarding house; or private residence which meets the
				requirements of
				760 CMR
				38.04.
Household
. A Client who resides regularly
				as a single individual or with one or more persons in a Residence Unit as their
				primary residence and whose income and resources are available to meet their mutual
				needs. A Household may include more than one individual receiving DMH services. A
				Household may also include a full-time equivalent live-in Personal Care Attendant
				approved by the AA, as provided in DHCD guidance.
Housing Unit
. All or part of an Eligible
				Property containing at least one Residence Unit. A Housing Unit may be an
				SRO.
Immediate Family
. The spouse, child,
				parent, grandparent, grandchild, aunt, uncle, niece, nephew, brother, sister,
				brother-in-law, sister-in-law, guardian or Household member of an owner of an
				Eligible Property.
Maximum Allowable Rent
. The maximum rent
				which may be paid to the owner of a Housing Unit in accordance with
				760 CMR
				38.07 and applicable DHCD guidance.
Occupancy Agreement
. An agreement between a
				Service Provider and a Client-resident that sets forth the terms for a
				Client-resident's occupancy of a Residence Unit within or constituting a Housing
				Unit for which the Service Provider is the Tenant, consistent with DHCD and DMH
				guidance.
Occupancy Charge
. The portion of the
				monthly Contract Rent that is the responsibility of the Household of a Client in
				accordance with
				760 CMR
				38.07.
Participant Agreement
. An agreement between
				DMH and a Client-tenant that sets forth the terms for a Client-tenant's
				participation in the DMH Rental Subsidy Program, consistent with DMH
				guidance.
Personal Care Attendant
. A person who, in
				accordance with DHCD guidance:
(a) resides with a Client as a Household member solely for the
				purpose of providing necessary services to the Client or other Household
				member;
(b) is not obligated to support the Client or other Household
				members and whose income is not available for the needs of any Household member;
				and
(c) is paid to provide necessary services to the Client(s), or other
				Household member(s), including assistance in activities of daily living.
Rental Assistance
. The subsidy program
				authorized by M.G.L. c. 121B, §§ 42 through 44A, and St. 1991, c. 138,
				§ 2, Line Item 5046-1000.
Residence Unit
. One or more rooms in which
				one Household resides, including an SRO, which makes up all or part of an eligible
				Housing Unit pursuant to
				760 CMR
				38.03. If a Residence Unit does not constitute the
				entire Housing Unit, a Household in a Residence Unit may have rights to use common
				areas within the Housing Unit. The appropriate size of a Residence Unit for a
				Household shall be determined in accordance with DHCD and DMH guidance.
Service Provider
. An entity under contract
				to DMH that is authorized by DMH to participate in the DMH Rental Subsidy Program,
				or DMH itself, if it exercises the right to act as Service Provider; which provides
				services to Clients and may enter into a lease or other contract directly with an
				owner for use of a Housing Unit by Client-resident(s).
Single Room Occupancy Unit (SRO)
. A Housing
				Unit that consists of a single room dwelling used by one individual for living,
				sleeping, and eating that need not contain food preparation or sanitary facilities,
				or both, if common facilities are available for use by the occupant of the
				dwelling.
State Sanitary Code
. 105 CMR 410.00:
Minimum Standards of Fitness for Human Habitation (State Sanitary Code,
				Chapter II).
Tenant
. A Client-tenant or Service Provider
				who enters into a lease agreement with the owner of a Housing Unit.
Utilities
. Electricity; any other fuel for
				heat, hot water or cooking; water; sewer; and any other utility or service approved
				by DHCD pursuant to DHCD guidance.
Voucher
. A contract between an AA and a
				Tenant which certifies eligibility for the DMH Rental Subsidy Program and sets forth
				associated program requirements, guidelines, and benefits, and specifies the number
				and size of Residence Units for which rent is subsidized pursuant to the Voucher in
				accordance with DHCD guidance.
Voucher Payment Contract
. An agreement
				between an AA and the owner of a Housing Unit that sets forth the terms and
				conditions for the subsidy payments by the AA to the owner on the Tenant's behalf
				under the DMH Rental Subsidy Program, consistent with DHCD
				guidance.