reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.01 - Declaration of Policy

Current through Register 1525, July 5, 2024
(1) Non-discrimination,
			 affirmatively furthering fair housing and equal opportunity are the policy of the
			 Department of Housing and Community Development in all of its decisions, policies,
			 programs and activities. To that end, the Department shall rigorously take
			 affirmative steps to ensure equality of opportunity in the internal affairs of the
			 Department, as well as in its relations with the public. The Department, in
			 performing its statutory responsibilities, shall consider the likely effects which
			 its decisions, policies, programs and activities shall have in meeting the goal of
			 equality of opportunity.
(2) Equal
			 opportunity and Affirmatively Furthering Fair Housing requires more than vigilance
			 in the elimination of discriminatory barriers on the grounds of race, color,
			 religion, national origin, ancestry, disability, sex, age, familial status, veteran
			 status or military service, sexual orientation, gender identity or expression,
			 public assistance recipiency (housing), and other bases prohibited by law. It also
			 entails positive and aggressive measures to ensure equal opportunity in internal
			 personnel practices and in those policies and programs which affect persons and
			 political subdivisions throughout the Commonwealth.
(3) The Department shall initiate, where
			 appropriate, affirmative policies and programs designed to remedy the lingering
			 effects of any past and present discriminatory patterns and practices and to
			 affirmatively further fair housing to the extent that such policies and programs are
			 consistent with the purposes and provisions of law, as amended, including M.G.L. c.
			 151B, Executive Orders 526, 559, and 565, Title VI of the Civil Rights Act of 1964,
			 the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the
			 Americans with Disabilities Act, to the extent applicable.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.02 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								760 CMR 47.00 is designed to
			 provide a framework within which the Department can design and implement policies
			 and programs to ensure equal opportunity and full participation for all citizens of
			 the Commonwealth. The Department may issue further policies and guidance to clarify
			 the framework under
			 760 CMR 47.00.
(2)
								760 CMR 47.00 is also intended to
			 define the equal employment opportunity, fair housing, and business utilization
			 obligations of any applicant for state, state-assisted, federal or
			 federally-assisted funds administered by the Undersecretary of the
			 Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.05 - Employment Policies

Current through Register 1525, July 5, 2024
(1) All Department
			 officials and supervisory employees shall appoint, assign, train, evaluate,
			 compensate, and promote agency personnel on the basis of merit and fitness, without
			 discrimination on the basis of race, color, religion, national origin, disability,
			 ancestry, sex, age, status as a veteran, military service, sexual orientation,
			 gender identity, or any other basis prohibited by law.
(2) The following standards and procedures shall
			 govern the preparation and adoption of affirmative action and diversity plans by the
			 Department:
(a) Set forth goals and timetables and
			 employ all reasonable measures to eliminate the lingering effects of any present or
			 past discriminatory employment practices;
(b) Review its existing staffing patterns, and to
			 the extent that such patterns indicate a pattern of staffing of Racial/Ethnic
			 Minority group members and women, persons with disabilities, and veterans that is
			 not fairly reflective of the percentage of Racial/Ethnic Minority Group members,
			 women, persons with disabilities, and veterans in the Boston Metropolitan
			 Statistical Area (MSA), take appropriate remedial measures to resolve and eliminate
			 such patterns in future hiring and promotion decisions;
(c) Conduct an ongoing review of its affirmative
			 action and diversity plan to ensure compliance with such plan, and with the intent
			 of
			 760 CMR 47.00 in accordance with
			 applicable executive orders; and
(d)
			 Appoint a Diversity Officer to supervise monitoring and enforcement of the
			 affirmative action and diversity plan. In addition, the Diversity Officer shall have
			 the authority to recommend approval or disapproval of all appointments and
			 Department funded construction contracts.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.06 - Non-discrimination in State Services

Current through Register 1525, July 5, 2024
All Department services shall be provided without discrimination in
				accordance with
				760 CMR
				47.01. No Department facility shall be used in
				furtherance of any discriminatory pattern or practice nor shall the Department
				become a party to any agreement, arrangement, or plan which has the effect of
				sanctioning such patterns or practices. 760 CMR 47.06 shall apply to any public,
				quasi-public, or private non-profit entity which provides such services pursuant to
				a contract with the Department. Any such contract shall include language
				implementing 760 CMR 47.06.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.07 - Contracting and Supplier Diversity Business Enterprise Utilization

Current through Register 1525, July 5, 2024
(1) Each successful Applicant shall ensure that
			 every construction contract or contract for goods or services utilizing Financial
			 Assistance from the Department shall contain a provision prohibiting discriminatory
			 employment practices by contractors, sub-contractors, and suppliers of goods or
			 services based on race, color, religion, national origin, ancestry, age, sex,
			 disability, status as a veteran, military service, sexual orientation, gender
			 identity or expression, or any other basis prohibited bylaw. The non-discrimination
			 provision shall require contractors and suppliers of goods or services to give
			 written notice of their commitments under 760 CMR 47.07 to any labor union,
			 association, or brotherhood with which they have a collective bargaining or other
			 agreement. Such notice shall also be given to the Commission, Supplier Diversity
			 Office, and the Department's Diversity Officer.
(2) Each successful Applicant shall take
			 affirmative steps to increase the participation of Supplier Diversity Business
			 Enterprises in all construction, consultant, goods, and service contracts, including
			 identifying any practical impediments to such participation. Each such Applicant
			 shall also take such further steps as the Department may from time-to-time conclude
			 will further compliance with this requirement, including the establishment of annual
			 goals for Supplier Diversity Business Enterprise participation.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.08 - Responsibility of the Applicant

Current through Register 1525, July 5, 2024
(1) It is the
			 responsibility of each Applicant for Financial Assistance from the Department to
			 ensure that in the administration of its policies, programs, and projects, it is in
			 compliance with
			 760 CMR 47.00 and all applicable
			 civil rights laws, and is pursuing all reasonable measures designed to foster equal
			 opportunity and participation in such policies and programs. To the extent that the
			 Applicant identifies policies and programs which may have had and/or may continue to
			 have a discriminatory impact on individuals, businesses, or organizations relative
			 to housing, employment or Supplier Diversity Business Enterprise utilization, the
			 Applicant must take appropriate affirmative measures to remedy the effects of such
			 discrimination. The obligations of the Applicant apply not only to an initial
			 determination of eligibility for Financial Assistance but also to the administration
			 of any such assistance.
(2) Relative to
			 an application for Financial Assistance for a residential project, it is the
			 responsibility of each Applicant to do the following:
(a) If developing, operating, or managing housing:
1. Submit an affirmative fair housing marketing
			 and resident selection plan to the Department consistent with applicable Department
			 regulations, guidelines, or directives. No Financial Assistance shall be provided by
			 the Department to such an Applicant until such plan is approved in writing by the
			 Department, as applicable;
2. List the
			 availability of units in the development with any Clearinghouse in accordance with
			 applicable guidelines or directives issued by the Department; and
3. Report data requested by the Department
			 pursuant to
			 760 CMR 61.00:
Data
			 Collection for Government Assisted Housing in Massachusetts.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.09 - Severability, Compliance and Sanctions

Current through Register 1525, July 5, 2024
The provisions of
				760 CMR 47.00 are severable, and
				if any of these provisions shall be held illegal by any court of competent
				jurisdiction, the decision of such court shall not affect or impair any of the
				remaining provisions.
Any person who has evidence of non-compliance with
				760 CMR 47.00 may submit a written
				complaint to the Undersecretary for appropriate action.
(1) If any complaint indicates that:
(a) Department action is not warranted;
			 or
(b) that further investigation by a
			 civil rights enforcement agency is necessary or appropriate to determine whether a
			 violation has occurred, the Undersecretary shall so inform the complainant in
			 writing. The Department shall also refer the complainant to the Commission, the
			 Office of the Attorney General, or other applicable agency as appropriate.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.01 - Application

Current through Register 1525, July 5, 2024
Waivers to
				760 CMR 49.00 in effect at an
				administering agency immediately prior to July 14, 2017 shall remain in effect
				unless and until revoked by the Department.
760 CMR 49.00 is applicable to all
				persons applying for or participating in the Massachusetts Rental Voucher Program
				(MRVP) pursuant to St. 1992, c. 133, § 21.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.03 - Eligibility for Program Participation

Current through Register 1525, July 5, 2024
(1)
Income and Asset Limits for Admission and Continued
			 Eligibility
.
(a) For admission to the
			 MRVP, the net income of eligible household members shall not exceed the income limit
			 then in effect.
(b) A participant shall
			 remain eligible for assistance until six months after the first date on which both
			 of the following conditions are met:
1. The
			 participant's net income, as defined in
			 760 CMR
			 49.05, exceeds the then-applicable income limit;
			 and
2. The tenant's share of the rent is
			 equal to, or greater than, the contract rent.
(c) For the purposes of initial eligibility an
			 applicant household's total assets may not exceed one and one half times the gross
			 household income of the applicant or $25,000.00, whichever is greater. The following
			 assets are exempt from this initial eligibility calculation: Individual Retirement
			 Account, 401(k) pension, or similar retirement account subject to IRS regulation,
			 and the value of any interest in a special needs trust, as defined by state and
			 federal law. For these assets, there is no limitation. There is no asset limitation
			 for purposes of continued eligibility. An "asset" includes but is not limited to the
			 following:
1. The amount of all cash, savings,
			 checking, money market or similar account.
2. The market value of equity in real property,
			 stocks, bonds or other form of capital investment, whether personal or
			 business.
3. The value of equity in such
			 personal property as boats, recreational vehicles, luxury goods. Value is determined
			 by taking the higher of the insured value or appraised market value.
4. Payment received or to be received in
			 settlement of personal or property loss; money at interest and debts due applicant
			 by any person(s), or the value of cash surrender insurance policies.
5. The value of any business or personal asset
			 disposed of by any household member (including a disposition in trust) for less than
			 fair market value during the two years prior to the determination of eligibility
			 pursuant to 760 CMR 49.03 to the extent of the difference between the fair market
			 value and the consideration received.
6.
			 The value of any interest in a trust fund benefiting any adult household
			 member.
(d) To be eligible
			 for MRVP, an applicant may not own residential real estate.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.04 - Participant Selection

Current through Register 1525, July 5, 2024
(1) Each administering
			 agency shall continue to select eligible participants from its project based and
			 mobile voucher waiting lists in the order established in administrative guidance
			 issued by the Department or in a Department-approved Tenant Selection
			 Plan.
(2) Participant selection for
			 vouchers that serve targeted populations may be exempt from 760 CMR 49.04(1) if
			 approved by the Department.
(3) Every
			 applicant shall use the application forms approved by the Department. The
			 application forms shall be available at all Administering Agencies' central offices,
			 or upon request, by mail. The Administering Agencies shall provide reasonable
			 assistance to applicants in completing the application forms. When an applicant
			 submits an application form to an administering agency, the administering agency
			 shall accept the application.
(4)
Determinations of Priority, Preference, Eligibility, and
			 Qualification
.
(a) When an applicant
			 approaches the top of an open waiting list for an administering agency program to
			 which the applicant has applied, the administering agency shall make a final
			 determination of the applicant's priority, preference, eligibility, and
			 qualification. The applicant shall update the application and provide any additional
			 information or verification reasonably required by the administering agency. The
			 administering agency must only accept applications if the waiting list is
			 open.
(b) If the administering agency
			 determines that an applicant is not eligible for a claimed priority or preference or
			 is ineligible or unqualified for housing, it shall send written notification to the
			 applicant of:
1. the determination;
2. the reason(s) for the determination detailing
			 the material facts; and
3. the right to
			 request a private conference to determine the applicant's priority, preference,
			 eligibility, and/or qualification pursuant to
			 760 CMR 49.00.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.06 - Project Based Vouchers

Current through Register 1525, July 5, 2024
(1) When an applicant is
			 determined eligible for and offered a project based unit pursuant to
			 760 CMR
			 49.03, the applicant must accept the owner's offer
			 within seven calendar days of the date of the written offer. An applicant for a
			 project based unit is entitled to only one offer of a unit of appropriate unit size
			 provided the applicant may be entitled to another unit offer when the applicant
			 provides reliable documentation establishing that the unit offered is inappropriate
			 and would cause severe and unreasonable hardship. An applicant, who fails to accept
			 the offer of a unit within seven calendar days or to provide such documentation
			 within that period, shall be removed from the waiting list.
(2) The owner must supply the administering agency
			 with a certification from the local Board of Health or other local code enforcement
			 entity or other certified inspector, such as an inspector qualified to complete HQS
			 inspections, that the contract unit is in compliance with
			 105 CMR 410.000:
Minimum
			 Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II)
or HUD housing quality standards and (if applicable) a certification from a
			 Certified Lead Inspector that the contract unit is in compliance with applicable
			 lead paint law. Any cost(s) incurred as a result of this requirement shall be borne
			 by the owner.
(3) The administering
			 agency shall then begin making voucher payments to the owner of the project based
			 unit on behalf of the participant.
(4)
			 When a Voucher Payment Contract with the owner has been executed or amended, the
			 terms and conditions of the participant's voucher remain in effect for the period of
			 time that the participant occupies the project based unit. When a participant
			 chooses or is required to move, the voucher will terminate and the participant shall
			 not be entitled to any MRVP benefits.
(5) If a participant residing in a project based
			 unit is no longer residing in an appropriate sized unit due to a decrease in
			 household size, the participant must accept the administering agency's offer of
			 housing assistance, made in accordance with administrative guidance. If the
			 participant refuses the administering agency's offer of housing assistance, the
			 participant's participation in MRVP shall be terminated.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.08 - Additional Vouchers

Current through Register 1525, July 5, 2024
The Department may set-aside or otherwise target additional vouchers
				with funding authorization to particular income eligible populations and may modify
				requirements, including eligibility, selection, and participation requirements, for
				such vouchers. The Department may solicit proposals for such uses. No voucher
				program may be based on utilization of vouchers for a term of less than six months
				per voucher.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.09 - Required Documents

Current through Register 1525, July 5, 2024
Documents required in the administration of the MRVP shall include,
				but are not limited to:
(1)
Annual Contributions Contract (ACC)
. An ACC setting out the
			 duties and obligations of the Department and the administering agency must be signed
			 by authorized representatives of both parties.
(2)
Voucher Payment
			 Contract
. A contract provided by the Department must be signed by the
			 owner of a contract unit and an administering agency.
(3)
Lease Addendum
. All
			 MRVP participants and owners are required to execute either an MRVP Lease or an MRVP
			 Lease Addendum to the owner's form of lease, in either case in the form prescribed
			 by the Department. This document insures that a participant is not bound by a lease
			 that unfairly waives certain legal rights.
(4)
Voucher
. All MRVP
			 participants and authorized administering agency representatives must sign a voucher
			 in a form provided by the Department which shall set out the rights, duties and
			 obligations of the participant. The voucher shall constitute a contract between the
			 participant and the administering agency.
(5)
Request for Program
			 Payment
. When a participant with a mobile voucher locates a suitable
			 unit, the participant 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, and the proposed contract
			 rent.
(6) The Department may develop and
			 issue guidelines and/or standard forms to be used by the administering agency in
			 connection with
			 760 CMR 49.00 and with reports and
			 actions required by the Department. It is the responsibility of each administering
			 agency to administer the program in accordance with the current guidelines and the
			 current forms.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.11 - Waiver Provision

Current through Register 1525, July 5, 2024
Any provision of
				760 CMR 49.00 may be waived in
				writing by the Undersecretary of the Department or his or her designee, in his or
				her discretion, based on a determination that the change is reasonable and will be
				consistent with the purposes of the MRVP.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.12 - Conflicts of Interest

Current through Register 1525, July 5, 2024
No member, officer, agent or employee of the administering agency
				shall participate in a decision relating to the units under the administering
				agency's contract with the Department to administer the MRVP which affect his or her
				personal interest or the interest of a corporation, partnership or project in which
				he or she is directly or indirectly interested. No member, officer, agent or
				employee of the administering agency shall have an interest, direct or indirect in
				the contract for property, materials or services in connection with units covered by
				the contract to administer the MRVP voucher(s). The Department may waive conflicts
				of interest, if requested in writing for a good cause and if permitted under federal
				and state law.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 49.00 - Massachusetts Rental Voucher Program › Section 49.13 - Wage Matching

Current through Register 1525, July 5, 2024
The Department may implement the provisions of M.G.L. c. 62E (the
				Commonwealth's Wage Reporting and Financial Institution Match System Statute) to
				verify the wages and financial eligibility of applicants or participants in
				MRVP.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.01 - Scope and Purpose: Effective Date

Current through Register 1525, July 5, 2024
(1) 760 CMR:
			 53.00 is promulgated to establish standards and procedures for the provision of
			 rental assistance to units occupied by handicapped persons of low income pursuant to
			 St. 1995, c. 179, § 16.
(2) 760 CMR
			 53:00 shall take effect upon promulgation.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.03 - Eligibility and Qualification for Program Participation

Current through Register 1525, July 5, 2024
Eligibility of All Handicapped Households:
(1) An eligible Household is one which includes a
			 Non-Elderly Handicapped Person who has not attained the age of 60, and which is
			 financially eligible pursuant to
			 760 CMR 5.00
(2) A qualified Household is one in which every
			 household member has been qualified in accordance with
			 760 CMR
			 5.07. All members of an applicant household who
			 are not current residents of c. 667 housing, shall be screened in order to determine
			 whether they are qualified.
(3) In order
			 to remain eligible for the Program a Participant must be a tenant in good standing.
			 A tenant shall be deemed to be in good standing unless the tenant:
(a) Owes back rent to an LHA and has not entered
			 into a repayment agreement, or has failed to stay current with a repayment
			 agreement, or
(b) Owes damages or
			 vacancy loss payments to an LHA and has not entered into a repayment agreement, or
			 has failed to stay current with a repayment agreement, or
(c) Has failed to comply with all the terms of any
			 repayment agreement, including repeated late payments or partial payments without
			 prior LHA approval, or
(d) Has committed
			 fraud against the Program, or any other state-aided housing program within the last
			 five years, or
(e) Has been evicted for
			 good cause from a Contract Unit, or
(f)
			 Has committed a civil or criminal violation of the state Civil Rights Act or has
			 committed a crime of physical violence to persons, or other criminal acts including
			 all drug related crimes, which if repeated in housing, would interfere with the
			 health, safety, security, or peaceful enjoyment of management or other tenants, the
			 landlord or other persons lawfully on the premises or would adversely affect the
			 physical environment of the other tenants, the landlord or other persons lawfully on
			 the premises.
(g) Has failed to comply
			 with the terms of the Program voucher.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.04 - Tenant Selection and Transfer

Current through Register 1525, July 5, 2024
(1) LHA's shall
			 select applicants in accordance with
			 760 CMR 5.00, and in accordance
			 with Department Guidelines.
(2)
Resident Transfers to the AHVP
. A LHA may decide at anytime
			 to offer a transfer for administrative reasons to a tenant who has made a valid
			 request for transfer to the Program if the tenant meets both of the following
			 requirements:
(a) The tenant must presently be a
			 resident of c. 667 (Elderly/Handicapped) Housing.
(b) The tenant is a member of a Handicapped
			 Household.
Offers shall be made to applicants in the order of their requests
				for transfers for administrative reasons.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.05 - Mobility

Current through Register 1525, July 5, 2024
(1) A Voucher holder residing in a given
			 municipality may move anywhere in the state without jeopardizing program
			 eligibility. When a Participant relocates from one LHA's jurisdiction to another,
			 the Voucher will be administered by the LHA in the city or town where the
			 Participate takes up residence and the value of the Voucher will be determined by
			 the receiving LHA.
(2) When Participants
			 relocate from one municipality to another, Voucher assistance will not be payable to
			 a Participant who relocates into any Federal Census tracts where according to 1990
			 Federal Census data at least 40% of the residents have incomes at or below the then
			 current Federal Poverty Level Standard.
(3) In areas where a Local Housing Authority does
			 not exist, or elects not to participate in the program, the Voucher will be
			 administered by a Regional Non-profit Housing Agency, or other entity, as approved
			 by Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.07 - Leasing and Contracting - Timetable

Current through Register 1525, July 5, 2024
(1) After an
			 applicant is determined eligible and qualified by an LHA, the LHA shall immediately
			 issue a Voucher, if a Voucher is available, to that applicant who then shall become
			 a Voucher Holder. The Voucher shall be valid for a period of 120 days from the date
			 of issuance. The 120 day time period may be suspended for one time period of 30 days
			 or less if the Voucher Holder, for reasons of hardship, is unable to search for
			 suitable housing. Evidence of hardship must be submitted to the LHA in order for
			 consideration of the suspension of time.
(2) Within 120 days of issuance/reissuance of a
			 Voucher, a Voucher Holder shall submit a Request for Program Payment for a proposed
			 Contract Unit to the administrating LHA. The Voucher Holder or the Owner or Owner's
			 Agent must also supply the LHA with a certification from the Local Board of Health
			 or other local code enforcement entity that the unit is in compliance with Article
			 II of the State Sanitary Code and (if applicable) a certification from a Certified
			 Lead Inspector that the contract unit is in compliance with applicable lead paint
			 law. Any cost(s) incurred as a result of this requirement shall be borne by the
			 Owner or Owner's Agent.
(3) Upon receipt
			 of the necessary documentation, the LHA shall enter into a Voucher Payment Contract
			 with the Owner of the Contract Unit, or the Owner's Agent, on behalf of the Voucher
			 Holder (later referred to as the Participant).
(4) While a Voucher Payment Contract is in effect,
			 the terms and conditions of the Participant's Voucher shall remain in effect for the
			 period of time that the Participant occupies the Contract Unit or until otherwise
			 terminated. When a Participant chooses or is required to move, the Participant shall
			 give a calendar months written notice to the LHA and to the Owner or Owner's Agent.
			 If a Participant moves and remains eligible, the LHA shall issue a new Voucher, and
			 the Participant shall have 120 days to locate a Suitable Unit.
(5) If the Participant does not locate a Suitable
			 Unit, within 120 days, the Voucher will expire, and the Participant shall not be
			 entitled to further benefits.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.08 - Leasing and Contracting - Documents

Current through Register 1525, July 5, 2024
Documents to be used in administering the Program shall include but
				not be limited to the following:
(1) Annual
			 Contributions Contract (ACC). The ACC shall set out the duties and obligations of
			 both the Department and the LHA.
(2)
			 Voucher Payment Contract. A document provided by the Department and signed by the
			 lessor of a contract unit and a LHA.
(3)
			 Voucher. All eligible Program Participants shall sign a Voucher which shall set out
			 the rights, duties and obligations of the Participant and constitutes a contract
			 between the Participant and the LHA.
(4)
			 Request for Program Payment. When a Voucher Holder locates a unit the Voucher Holder
			 shall submit to the LHA a Request for Program Payment 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 lessor, and the total monthly
			 rent.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 53.00 - Alternative Housing Voucher Program › Section 53.09 - Grievance Procedure

Current through Register 1525, July 5, 2024
Grievances shall be processed in accordance with 760 CMR 3.00, et
				seq., or as otherwise approved by the Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.01 - Scope, Purpose and Applicability

Current through Register 1525, July 5, 2024
(1)
								760 CMR 54.00 explains the
			 calculation of the low-income housing tax credit established by M.G.L. c. 23B,
			 § 3, M.G.L. c. 62, § 6I and M.G.L. c. 63, § 31H. The Department of
			 Housing and Community Development may allocate, Massachusetts Low-income Housing Tax
			 Credit in the amount set forth in M.G.L. c. 23B, § 3, M.G.L. c. 62, § 6I
			 and M.G.L. c. 63, § 31H for projects that qualify for the federal low-income
			 housing tax credit under § 42 of the Internal Revenue Code of 1986.
(2)
Effective Date
.
			 760 CMR 54.00 takes effect on
			 September 30, 2011 and applies to tax years beginning on or after January 1, 2001.
			 Amendments effectuated by St. 2016, c. 219, §§ 73 through 77 and 80
			 through 84 take effect October 6, 2017 and apply to tax years beginning on or after
			 January 1, 2017. Amendments effectuated by St. 2018, c. 99, §§ 8, 9, 13
			 and 14, as amended by St. 2018, c. 162, § 1, take effect August 3, 2018, and
			 apply to tax years beginning on or after January 1, 2019.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.03 - Amount of Credit Authorized

Current through Register 1525, July 5, 2024
(1)
Authorized Amount
. The amount of Massachusetts low-income
			 housing tax credit authorized to be allocated annually equals the sum of:
(a) the authorization ceiling;
(b) unused Massachusetts low-income housing tax
			 credits, if any, for the preceding calendar years; and
(c) Massachusetts low-income housing tax credits
			 returned to the department by a Qualified Massachusetts Project.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.04 - Eligible Projects

Current through Register 1525, July 5, 2024
(1)
Project
			 Eligibility
. Qualified Massachusetts projects for which the Department
			 has issued an eligibility statement are eligible for an allocation of Massachusetts
			 low-income housing tax credit.
(2)
Special Eligibility for Preservation LIHTC
. Only projects
			 that will preserve and improve existing state or federally-assisted housing,
			 pursuant to M.G.L. c. 62, § 6I(b)(1) and M.G.L. c. 63, § 31H(b)(1), are
			 eligible for an allocation of Preservation LIHTC.
(3)
Limitation on Amount of Donation
			 LIHTC
. The maximum donation LIHTC available to a taxpayer for a
			 qualified donation shall be equal to the approved donation percentage of the
			 qualified donation's value, as determined by the Department.
(4)
Prioritization by the
			 Department
. From time to time, the Department shall amend or supplement
			 its existing qualified allocation plan or its program guidelines, or both, to
			 provide taxpayers guidance on how Massachusetts low-income housing tax credit will
			 be allocated among competing projects. Such guidance shall adhere to the statutory
			 requirements of providing the least amount of Massachusetts low-income housing tax
			 credit necessary to ensure financial feasibility of selected projects while
			 allocating the total available Massachusetts low-income housing tax credit among as
			 many qualified Massachusetts projects as fiscally feasible. Subject to these
			 statutory constraints, the Department may, in its discretion, provide guidance that
(a) requires owners of projects with more than a
			 designated dollar amount of federal credit to fund a portion of project equity from
			 funds attributable to the Massachusetts low-income housing tax credit;
(b) encourages owners of certain projects to raise
			 equity primarily using the Massachusetts low-income housing tax credit while using a
			 minimal amount of the so-called 9% federal low-income housing tax credit;
(c) encourages the creation of projects funded
			 through a combination of Massachusetts low-income housing tax credit and the
			 so-called 4% federal low-income housing tax credit allowable to buildings financed
			 with tax-exempt bonds;
(d) limits the
			 amount of Massachusetts low-income housing tax credit that may be provided in the
			 form of donation LIHTC in any year; and
(e) encourages the creation of any other projects
			 that the Department deems to be consistent with the statutory goal of increasing the
			 overall number of low-income housing units.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.05 - Eligible Recipients

Current through Register 1525, July 5, 2024
(1) Subject to 760 CMR
			 54.05(2), any person or entity (of whatever type) with an ownership interest in a
			 qualified Massachusetts project is eligible to receive an allocation of
			 Massachusetts standard LIHTC with respect to such project.
(2) Only a person or entity (of whatever type)
			 with an ownership interest in a qualified Massachusetts project that preserves and
			 improves existing state or federally-assisted housing, pursuant to M.G.L. c. 62,
			 § 6I(b)(1) and M.G.L. c. 63, § 31H(b)(1), is eligible to receive an
			 allocation of preservation LIHTC.
(3)
			 Any person or entity (of whatever type) with an ownership interest in a qualified
			 Massachusetts project that makes a qualified donation of all or a portion of the
			 value of such project to an eligible DTC sponsor and demonstrates, to the
			 satisfaction of the department that such donation qualifies for a Federal charitable
			 deduction is eligible to receive an allocation of donation LIHTC with respect to
			 such project.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.06 - Allotment of Credit Among Partners, etc.

Current through Register 1525, July 5, 2024
Whenever an owner of a qualified Massachusetts project with respect
				to which Massachusetts low-income housing tax credit has been allocated is an
				unincorporated flow-through entity, such as a partnership, limited liability company
				or joint venture, the entity may allot the Massachusetts tax credit available to the
				entity among persons designated by it as partners or members in such amounts or
				proportions as they may agree in the organizational documents governing such entity,
				provided that the owner certifies to the Commissioner the amount of Massachusetts
				low-income housing tax credit allotted to each member or partner on a form
				designated by the Commissioner. The allotment of Massachusetts low-income housing
				tax credit need not follow or be consistent with the allocation, as the word is used
				in Section 704(b) of the Code, of other partnership items (
e.g
.,
				income, loss, deduction or credit, including the federal low-income housing tax
				credit). Similarly, whenever Massachusetts low-income housing tax credit is
				allocated with respect to a qualified Massachusetts project that is owned through a
				joint tenancy or similar ownership arrangement, the owners of such project may allot
				the right to claim the Massachusetts low-income housing tax credit allocated with
				respect to such project among themselves in such amounts as they agree, without
				regard to their actual ownership interest in the project, provided that the owners
				certify to the Commissioner the amount of Massachusetts low-income housing tax
				credit allotted to each owner on a form designated by the
				Commissioner.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.07 - Transferability of Credit

Current through Register 1525, July 5, 2024
(1)
Transferors, Transferees
.
(a) Any taxpayer with an ownership interest in a
			 qualified Massachusetts project with respect to which there has been allocated
			 Massachusetts standard LIHTC and any taxpayer to whom the right to claim
			 Massachusetts standard LIHTC has been allotted or transferred may transfer the right
			 to claim unclaimed Massachusetts standard LIHTC to any other Massachusetts taxpayer
			 without the necessity of transferring any ownership interest in the original project
			 or any interest in the entity which owns the original project. The transferor may
			 transfer all or any portion of tax credits issued, sold, or assigned to parties who
			 are eligible under the provisions of M.G.L. c. 62, § 6I(c)(1), and M.G.L. c.
			 63, § 31H(f)(1).
(b) Any taxpayer
			 making a qualified donation with respect to a qualified Massachusetts project with
			 respect to which there has been allocated Massachusetts donation LIHTC may transfer
			 its right to claim donation LIHTC after the qualified donation has been made, and
			 any taxpayer to whom the right to claim Massachusetts donation LIHTC has been
			 allotted or transferred may transfer the right to claim unclaimed Massachusetts
			 donation LIHTC to any other Massachusetts taxpayer without the necessity of any
			 further transfer of ownership interest in the original project or in the taxpayer
			 making the qualified donation.
(c) For
			 treatment of carry forward credit with respect to both donation LIHTC and standard
			 LIHTC,
see
760 CMR
			 54.10.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.08 - Prerequisites to Claiming Credit

Current through Register 1525, July 5, 2024
When Massachusetts standard LIHTC is allocated with respect to a
				qualified Massachusetts project, such credit may not be claimed by any taxpayer with
				respect to any building in such project unless and until:
(1) all buildings in such project have been placed
			 in service; and
(2) the project has met
			 the minimum set-aside and occupancy requirements of Section 42(g) of the Code.
Before the end of the first taxable year in which standard LIHTC is
				claimed, the taxpayer must record a regulatory agreement in a form prescribed by the
				department with respect to such project. In the case of a donation LIHTC, a
				regulatory agreement in a form prescribed by the department must be recorded at the
				time of the qualified donation.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.09 - Placed in Service Requirement; Time for Claiming Credit

Current through Register 1525, July 5, 2024
(1)
Placed in Service
			 Requirement
. All buildings in a project must generally be placed in
			 service, or donated in the case of donation tax credits, in the year in which the
			 allocation of Massachusetts low-income housing tax credit is made. Notwithstanding
			 the foregoing sentence:
(a) with respect to a
			 project that has an allocation of federal low-income housing tax credit, whenever
			 such project qualifies for a federal carryover allocation under Section 42(h)(1)(E)
			 or (F) of the Code and the federal regulations thereunder, such project may continue
			 to be a Qualified Massachusetts Project if the owner of the project enters into a
			 satisfactory carryover allocation agreement with the Department prior to the end of
			 the year in which the allocation of credit is made;
(b) with respect to a project for which the
			 federal low-income housing tax credit is allowable by reason of Section 42(h)(4) of
			 the Code applicable to buildings financed with tax exempt bonds, such project may
			 continue to be a Qualified Massachusetts Project if, in the judgment of the
			 Department, the project would otherwise meet all of the requirements for a federal
			 carryover allocation under Section 42(h)(1)(E) or (F) of the Code and the federal
			 regulations thereunder and the owner of the project enters into a satisfactory
			 carryover allocation agreement with the Department prior to the end of the year in
			 which the allocation of credit is made; and
(c) with respect to all projects that do not have
			 an allocation of federal low-income tax credit and for which such credit is not
			 allowable by reason of Section 42(h)(4) of the Code, such project may continue to be
			 a Qualified Massachusetts Project if, in the judgment of the Department, the project
			 would meet the standards and requirements for a federal carryover allocation under
			 Section 42(h)(1)(E) or (F) of the Code and the regulations thereunder, if, at the
			 time of the allocation of the Massachusetts low-income tax credit, the project had,
			 instead, been allocated a federal low-income tax credit, and the owner of the
			 project enters into a satisfactory carryover allocation agreement with the
			 Department prior to the end of the year in which the allocation of the Massachusetts
			 low-income housing tax credit is made. The Department shall provide a form of
			 Massachusetts carryover allocation agreement for the Massachusetts low-incoming
			 housing tax credit.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 54.00 - Massachusetts Low-Income Housing Tax Credit Program › Section 54.10 - Carryforward of Credit

Current through Register 1525, July 5, 2024
(1)
Carryforward Period
. Any amount of any Massachusetts
			 low-income housing tax credit that exceeds the claimant's tax due may be carried
			 forward to any of the five subsequent taxable years.
(2)
Transfer of
			 Carryforward
. A taxpayer who transfers an unclaimed portion of the
			 credit pursuant to
			 760 CMR
			 54.07(1)  may choose whether or
			 not to include carryforward credit from prior years in the transfer.
(3)
Transferee Treated Like Original
			 Owner
. For the purpose of determining the carryforward period, the
			 transferee shall be bound by the same schedule for claiming a credit as the taxpayer
			 originally entitled to the credit as an owner of a qualified Massachusetts project,
			 regardless of how often the credit has been transferred.