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 65.05 - Requirements for Continuing Participation

Current through Register 1525, July 5, 2024
(1) To
			 receive, or continue to receive, STHT benefits:
(a)
Repay Arrearages
. A
			 Participant must include, in his or her stabilization plan, a repayment agreement to
			 repay fully over time any arrearage owed to a LHA or to a STHT administering agency
			 and to stay current with any such repayment agreement.
(b)
Repay Damages
. A
			 Participant must include, in his or her stabilization plan, a repayment agreement to
			 repay fully over time any damages or vacancy loss payments to an LHA or to a STHT
			 administering agency and stay current with such a repayment agreement.
(c)
Comply with Program Participation
			 Agreement
. A Participant must comply with the terms of his or her
			 Program Participation Agreement, which shall require compliance with applicable STHT
			 program rules and regulations, including the Temporary Accommodation agreement, if
			 applicable. The Program Participation Agreement shall require the Participant and a
			 former Participant (during any appeals period and upon voluntary or involuntary
			 termination from the program) to inform the Administering Agency at all times of
			 current contact information, including address and telephone numbers. If no
			 forwarding contact information is provided, the administering agency shall use the
			 most recent address on file for the Participant or former Participant for any
			 necessary communications.
(d)
Lease Compliance
. The Participant Family must not
			 substantially and materially violate its lease. A substantial and material violation
			 of a lease shall include the Participant's failure to pay his or her portion of the
			 rent or utilities for which the family is responsible not more than five days after
			 the due date. Each instance of late payment of rent or utilities shall constitute an
			 independent violation of 760 CMR 65.05(1)(d).
(e)
Stabilization Plan
			 Compliance
. Adult Recipients must not substantially and materially
			 violate their Stabilization Plans, as in effect at the time of the conduct. Failure
			 to attend a meeting without good cause, as defined in
			 760
			 CMR 67.09(2)(e)  whether
			 scheduled to take place in person or by telephone, of which the adult Recipients
			 have received written notice at least two days in advance, shall constitute a
			 substantial and material violation of the Stabilization Plan. For purposes of 760
			 CMR 65.05(1)(e) written notice provided by mail shall be deemed received two days
			 after the date of mailing. Notice in electronic form storable by the giver, such as
			 email, text message, or instant message, shall be considered written notice pursuant
			 to 760 CMR 65.05(1)(e) if the Participant has agreed to receipt of communications
			 from the administering agency in such format.
(f)
Criminal Conduct by a Family
			 Member
. No member of a Participant Family may engage in criminal
			 conduct, including but not limited to the possession of illegal firearms or the sale
			 or possession of illegal substances, while in the unit or in the building in which
			 the unit is located or on grounds of the property on which the unit is located. If
			 the Participant:
1. should not have known that
			 there was a reasonable possibility that the household member would engage in such
			 criminal activity, and, once he or she became aware of the activity, took reasonable
			 steps to stop the conduct; or
2. the
			 criminal activity was domestic violence, such conduct will not constitute a
			 violation of 760 CMR 65.05(1)(f) if the Participant:
a. promptly removes such household member from his
			 or her household composition; and
b.
			 takes reasonable steps to prevent the household member from returning to the
			 premises, which may include, if necessary to prevent a return, serving and actively
			 enforcing on his or her own behalf, an abuse prevention order pursuant to M.G.L. c.
			 209A or cooperating with efforts by the Owner or Owner's Agent to serve and actively
			 enforce against such household member a "no trespass" notice pursuant to M.G.L. c.
			 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E.
(g)
Criminal
			 Conduct by a Guest
. No one who is a guest of a Participant Family may
			 engage in criminal conduct, including but not limited to the possession of illegal
			 firearms or the sale or possession of illegal substances, while in the unit or in
			 the building in which the unit is located or on grounds of the property on which the
			 unit is located. If the Participant:
1. should not
			 have known that there was a reasonable possibility that the household member would
			 engage in such criminal activity, and, once he or she became aware of the activity,
			 took reasonable steps to stop the conduct; or
2. the criminal activity was domestic violence,
			 such conduct will not constitute a violation of 760 CMR 65.05(1)(g) if the
			 Participant takes reasonable steps to prevent the guest from returning to the
			 premises, which may include, if necessary to prevent a return, serving and actively
			 enforcing on his or her own behalf, an abuse prevention order pursuant to M.G.L. c.
			 209A or cooperating with efforts by the Owner or Owner's Agent to serve and actively
			 enforce against such household member a "no trespass" notice pursuant to M.G.L. c.
			 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E.
(h)
Possession of Lawful
			 Firearms
. No one who is a member or guest of a Participant Family may
			 store or have in his or her possession a lawful firearm while in the unit or in the
			 building in which the unit is located or on the grounds of the property on which the
			 unit is located, except if possessor of the firearm is a guest who is a law
			 enforcement official present during the conduct of official duties.
If the Participant should not have known that there was a reasonable
				possibility that a household member or guest would possess lawful firearms, and such
				possession was incident to domestic violence, such conduct will not constitute a
				violation of 760 CMR 65.05(1)(h) if the Participant:
1. promptly removes any such household member from
			 his or her household composition; and
2.
			 takes reasonable steps to prevent the household member or guest from returning to
			 the premises, which may include, if necessary to prevent a return, serving and
			 actively enforcing on his or her own behalf, an abuse prevention order pursuant to
			 M.G.L. c. 209A or cooperating with efforts by the Owner or Owner's Agent to serve
			 and actively enforce against such household member a "no trespass" notice pursuant
			 to M.G.L. c. 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E.
(i)
Destruction
			 of Property
. No member or guest of a Participant Family shall destroy
			 property in the Unit or in the building in which the Unit is located or on the
			 grounds of the property on which the Unit is located unless the destroyed property
			 belongs to the person who destroys it and the person destroys such property in a
			 safe and sanitary manner.
If the Participant should not have known that there was a reasonable
				possibility that a household member or guest would engage in destruction of
				property, and such destruction was incident to domestic violence, such conduct will
				not constitute a violation of 760 CMR 65.05(1)(i) if the Participant:
1. promptly removes any such household member from
			 his/her household composition; and
2.
			 takes reasonable steps to prevent the household member or guest from returning to
			 the premises, which may include, if necessary to prevent a return, serving and
			 actively enforcing on his or her own behalf, an abuse prevention order pursuant to
			 M.G.L. c. 209A or cooperating with efforts by the Owner or Owner's Agent to serve
			 and actively enforce against such household member a "no trespass" notice pursuant
			 to M.G.L. c. 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E.
(j)
Threats
. Members of the Participant Family and their guests
			 may not engage in conduct that constitutes a health and/or safety threat to staff of
			 the Department, the administering agency, the Owner or Owner's Agent, or to persons
			 lawfully in the building or on the grounds of the building in which the unit is
			 located. Such conduct may include, but is not limited to, acts of physical and
			 sexual violence, threats, abusive language, or intimidation.
(k)
Primary Residence
.
			 Each Recipient must use the unit as his or her primary residence. The Participant
			 shall inform the administering agency within five days if a Recipient ceases to use
			 the unit as his or her primary residence, which shall include but not be limited to,
			 any vacation-related absence of more than two consecutive weeks.
(l)
Abandonment
. The
			 Participant Family may not abandon the unit. Abandonment may be established by proof
			 that the Participant Family has removed its belongings; left its belongings in the
			 apartment in a disordered state indicating an intent to abandon and failed to
			 respond within three days to a written request by the administering agency to
			 explain the situation; has not resided in the unit for a period of five consecutive
			 days without notifying the Owner or Owner's Agent and the administering agency; has
			 abandoned the unit pursuant to
			 760 CMR
			 65.04(2)(i); or has chosen to
			 leave a Contract Unit with good cause as determined by
			 760 CMR
			 67.06(2)(c)  and does not locate
			 a new Suitable Unit within the timeframe permitted by the
			 760 CMR
			 65.04(2)(j), together with any
			 extensions granted by the administering agency.
(m)
Unauthorized
			 Residence
. No person who is not a member of the Participant Family at
			 the time of the STHT benefits grant, or the member of another family authorized to
			 share the unit with the Participant Family pursuant to
			 760 CMR
			 65.02:
Suitable Unit
, or
			 65.04(3)(d) may reside in the unit without the permission of the Department, the
			 Administering Agency, and the Owner or Owner's Agent. Overnight guests are allowed
			 to the extent consistent with the lease and 760 CMR 65.05(1)(m). Any person who
			 stays overnight in the unit beyond the guest visit timeframe permitted by the lease
			 or for longer than 12 days (whether consecutive or cumulative during the course of a
			 12-month period), whichever is shorter, shall be deemed an unauthorized occupant
			 unless the administering agency determines that the pattern of overnights, in the
			 light of all the circumstances, demonstrates by clear and convincing evidence that
			 the overnight guest in question is not an occupant.
(n)
Accurate Reporting
.
1. Adult Recipients shall not commit fraud on the
			 STHT program. The Participant must accurately inform the administering agency of the
			 Participant Family's income, assets and family members and must report any material
			 changes of the family's income and assets whenever required for annual or interim
			 recertifications, and must report any material changes in income or family
			 composition, including birth to, or adoption of a minor child by, an adult
			 Recipient, within ten days of such a change.
2. Any change of family composition, other than
			 the addition of a child by birth or adoption of a child, must be approved by the
			 Administering Agency and the Owner or Owner's Agent according to such guidelines as
			 the Department may issue from time to time. The Administering Agency and the Owner
			 or Owner's Agent shall approve the addition of any minor to the family if an adult
			 Recipient has legal custody and primary physical custody of the minor. Approval for
			 changes to family composition shall not be unreasonably denied, provided that such
			 changes do not increase the Department's assistance payment or introduce into the
			 family an individual who will not assist the Participant Family in obtaining safe,
			 permanent housing. The Administering Agency shall promptly inform the Department of
			 any changes in family composition and income.
(o)
Rejection of Housing
.
			 The Participant Family must not reject an offer of safe, permanent housing, as
			 defined in
			 760 CMR
			 67.06(4)(b)1. without good cause,
			 as defined in
			 760 CMR
			 67.06(6)(a)2. A Participant
			 Family receiving temporary accommodation benefits or relocating pursuant to
			 760 CMR
			 65.04(2)(i) or (j) must not
			 reject an offer of a Suitable Unit, without good cause, as defined in
			 760 CMR
			 67.06(6)(a). A Participant Family
			 receiving temporary accommodation benefits pursuant to
			 760 CMR
			 65.04(3)(c)  or
			 65.07(7)
			  must not, without good cause as defined in
			 760 CMR
			 67.06(6)(a)4., reject or fail to
			 appear at an assignment to a temporary accommodation placement or abandon a
			 temporary accommodation placement by taking two or more overnights away from such
			 placement without the authorization of the administering agency.
(p)
Eviction for Nonpayment of Rent or
			 Other Cause
. A Rental Assistance Benefits Participant is subject to
			 termination for nonpayment of rent or other lease violations leading to eviction. A
			 Notice of Termination issued under 760 CMR 65.05(1)(p) for nonpayment of rent will
			 be rescinded if the Participant prevails in a summary process action to evict the
			 Participant for nonpayment of rent, or the Owner or Owner's Agent agrees to allow,
			 or a court requires the Owner or Owner's Agent to allow, the Participant Family to
			 remain in the unit for so long as the Participant complies with a rent repayment
			 agreement approved by the Owner or Owner's Agent. The Notice of Termination may be
			 reinstated if the Participant fails to make a payment pursuant to such repayment
			 agreement. If a Notice of Termination under 760 CMR 65.05(1)(p) is rescinded, each
			 monthly instance of non-payment or late payment of rent may be treated as a separate
			 lease violation under 760 CMR 65.05(1)(d). Rental Assistance Benefits Participant
			 shall be terminated if the Owner or Owner's Agent commences a summary process action
			 to evict the Participant for cause other than nonpayment of rent or domestic
			 violence as to which the Participant was a victim. A Notice of Termination issued
			 under 760 CMR 65.05(1)(p) for cause other than nonpayment of rent will be rescinded
			 if the Participant prevails in a summary process action to evict the Participant for
			 such conduct, or the Owner or Owner's Agent agrees to allow, or a court requires the
			 Owner or Owner's Agent to allow, the Participant Family to remain in the unit. If
			 the Participant Family is allowed to remain in the unit for so long as the
			 Participant complies with the terms of an Agreement for Judgment allowing the
			 Participant to remain in the unit indefinitely or for a period longer than one year,
			 the Notice of Termination may be reinstated if the Participant fails to comply with
			 such agreement.
(q)
Recertification
. The Participant shall provide all
			 documentation necessary for annual and interim recertifications in order to allow
			 the administering agency to redetermine the Participant Family's type, level, and
			 value of STHT benefits in accordance with
			 760 CMR
			 65.03(7).
(r)
Categorical
			 Ineligibility
.
1. A Participant Family
			 must continue to maintain program eligibility. A Participant Family that becomes
			 categorically ineligible for Emergency Assistance temporary emergency shelter for a
			 reason other than exceeding Emergency Assistance maximum income requirements shall
			 be immediately terminated from STHT benefits.
2. If the income of a Participant Family receiving
			 Rental Assistance at any time exceeds 50% of the area median income for its size,
			 that family's STHT benefits will be terminated effective at the end of the sixth
			 full calendar month that occurs after the family's income exceeded such
			 threshold.
3. If the income of a
			 Participant Family receiving Household Assistance at any time exceeds 50% of the
			 area median income for its size, that family's STHT benefits will be terminated
			 effective at the end of the sixth full calendar month that occurs after the family's
			 income exceeded such threshold.
4. The
			 Participant Family may become ineligible for these continued STHT benefits during
			 this six-month period for any other reason stated in 760 CMR 65.05.
5. Once the Participant Family's income exceeds
			 the STHT eligibility standard the income will not be reevaluated to determine STHT
			 eligibility.