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 6.06 - Lease Requirements

Current through Register 1525, July 5, 2024
(1)
Lease as a Condition of Public Housing; Approval of Lease Terms by
			 EOHLC; Prior Leases to Remain in Effect Pending Approval of New Lease Terms by
			 EOHLC; Implementation of New Lease Terms
. A lease executed by the
			 LHA and the Tenant for each unit of public housing shall be a condition of
			 occupancy of the unit by the Tenant and other Household Members. The terms of
			 the lease used by the LHA may vary by program but all such terms shall be
			 approved by EOHLC in advance of any use by the LHA. In developing a lease to be
			 submitted for approval by EOHLC, the LHA shall consult with any affected
			 LTO(s). In the event of disagreement over a lease term in a lease submitted for
			 approval by EOHLC, the LTO may present its position to EOHLC. Pending approval
			 by EOHLC of a lease containing the lease requirements set out in
			 760
			 CMR 6.06 the LHA shall continue to use the
			 lease then in effect.
Following approval by EOHLC of a new lease or amended lease
				terms, new and existing Tenants shall execute the new or amended lease as a
				condition of occupancy. New Tenants shall execute the new or amended lease at
				the times their tenancies are established. Existing Tenants shall execute the
				new or amended lease at the time of annual re-determinations, and failure by a
				Tenant at that time to execute a new or amended lease (approved by EOHLC) shall
				be cause for eviction. Until the new or amended lease is executed as required
				in 760 CMR 6.06, the terms of
				the existing lease shall remain in effect unless the lease has been amended by
				applicable law or terminated for cause.
(2)
Provisions as to
			 Rent
. Each new or amended lease submitted for approval by EOHLC
			 shall contain provisions which are consistent with the provisions concerning
			 the amount of rent, rent payment, failure to pay rent, annual and interim
			 re-determinations of rent and the other matters set out in
			 760
			 CMR 6.04. The lease shall require payment of
			 the fee in
			 760
			 CMR 6.04(3)  for late
			 payment of rent and may require payment of interest on unpaid rent.
(3)
Provisions as to Occupancy
			 and Use of the Unit
. Each new or amended lease submitted for
			 approval by EOHLC shall contain provisions which provide for the following:
(a) The names of each Household Member who is
			 authorized to occupy the unit in addition to the Tenant shall be set out in the
			 lease. No other person (excepting Guests) shall occupy the unit. Each Household
			 Member shall be required to reside in the unit for at least nine months in any
			 12-month period unless the LHA shall have found good cause for an absence of
			 longer than three months. The Tenant shall be responsible for the conduct of
			 all Household Members.
(b) The
			 Tenant shall not sublet or transfer possession of the unit. Tenant shall not
			 take in boarders or lodgers and, except as provided in
			 760
			 CMR 6.06(3)(d), shall not
			 use or permit use of the unit for any purpose other than as a private dwelling
			 solely for Tenant and the other members of Tenant's Household who are listed on
			 the lease or who subsequently have been approved by the LHA and have been
			 listed on a written lease addendum.
(c) The stay of any overnight Guest shall be
			 limited to no more than a total of 21 nights (21 days if the Guest regularly
			 sleeps during the day) during any 12-month period unless the LHA for good cause
			 otherwise consents to a longer period in writing prior to the expiration of 21
			 nights or such longer period as may have been authorized. The Tenant shall be
			 responsible for the conduct of all Guests, including his or her own, and those
			 of Household Members. The number of Household Members and overnight Guests
			 shall not at any time exceed the permissible limit of 105 CMR 410.000:
Minimum Standards of Fitness for Human Habitation (State Sanitary Code:
			 Chapter II)
.
(d) With the
			 LHA's approval, Tenant and Household Members may engage in legal profit making
			 activities which are incidental to the primary use of the unit as a private
			 dwelling so long as suitable general liability insurance coverage is provided
			 if the LHA shall deem it necessary and the activities will:
1. not cause and will not be likely to cause
			 any disturbance or inconvenience to neighbors;
2. comply with any applicable zoning and any
			 applicable federal, state or local licensing requirements;
3. not significantly increase utility or
			 water consumption (unless Tenant separately pays for Utilities); and
4. not result in any other additional expense
			 to the LHA.
(e) In the
			 event the Tenant ceases to occupy the unit, provided that the tenancy has not
			 been terminated and is not in the process of being terminated and there is no
			 pending eviction action and provided that the conditions set out in the
			 definition of Family (Household) in
			 760
			 CMR 5.03:
Definitions
have
			 been met, a Household comprising of the remaining Household Members shall be
			 given permission for continued occupancy. Any rent due or past due on the date
			 when the Tenant ceases to occupy the unit shall become the obligation of the
			 new Tenant in such Household.
(f)
			 In the event of divorce or separation and in the absence of an agreement
			 between the affected Household Members, a court may determine entitlement to
			 continued occupancy as set out in the definition of Family (Household) in
			 760
			 CMR 5.03:
Definitions
.
(g) The Tenant may delete a Household Member
			 named in an existing lease by a new lease or a lease amendment signed by Tenant
			 and the LHA. Any person so deleted shall cease to be a Household Member and
			 shall cease to occupy the unit.
(h)
			 Before any person not named in the lease may be added as a Household Member
			 (excepting a new born), Tenant and the person involved shall have applied in
			 writing to the LHA for approval of a Household including such person and the
			 LHA shall have screened the person, ten years of age or older, as an applicant
			 and found him or her to be qualified. The enlarged Household shall meet all
			 applicable eligibility requirements for a Household initially applying for
			 housing, except income shall be within the limit for continued occupancy and
			 the leased unit shall be of appropriate unit size for the enlarged
			 Household.