760 Mass. Reg. 49.02
Administering Agency. A Local Housing Authority (LHA), a public body politic and corporate created pursuant to M.G.L. c. 121B, § 3 or similar provisions of earlier general laws or of special laws, or a Regional Administering Agency (RAA), a regional non-profit corporation or other entity, under contract with the Department to administer the MRVP.
Appropriate Unit Size. The size of a unit is appropriate for a household if the unit meets all the following criteria:
(a) Household members of the opposite sex, excepting husband and wife (or those in a similar living arrangement), do not have to share a bedroom, provided that children of the opposite sex younger than eight years old shall share a bedroom and provided that other household members of the opposite sex may elect to share a bedroom.
(b) Persons of the same sex shall share a bedroom, provided that a household member, 21 years of age or older, may elect not to share a bedroom with his or her child, grandchild, or legal ward and provided that a household member does not have to share a bedroom if a consequence of sharing is or would be a severe adverse impact on his or her mental or physical health and if the administering agency receives reliable medical documentation as to such impact of sharing.
(c) Each bedroom shall contain at least 50 square feet of floor space for each occupant and a minimum of 70 square feet and shall meet all other applicable requirements of 105 CMR 410.00Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II) for a room occupied for sleeping purposes. No bedroom shall be shared by more persons than the number permissible under Appropriate Unit Size.
(d) In calculating the appropriate unit size, only bedrooms may be considered available to be used for sleeping purposes by household members; the kitchen, bathroom and hallways shall not be deemed available for sleeping purposes by any household member.
Contract Rent. The total monthly rent specified in the lease and Voucher Payment Contract for a contract unit occupied by a participant. The contract rent includes the amount of the voucher payment paid by the administering agency and the amount of the participant's share of rent determined in accordance with 760 CMR 49.05. Contract rent does not include payments made by the participant separately to utility providers for the cost of heat, cooking fuel, and/or electricity.
Contract Unit. A unit occupied by a participant for which the participant submits a Request for Program Payment, enters into a lease with the owner, and for which the owner and the administering agency sign a Voucher Payment Contract.
Department. The Massachusetts Department of Housing and Community Development or successor agency.
Full-time Student. A household member between 18 and 25 years of age, who is the dependent of another household member and who is enrolled in and attending an accredited educational or vocational institution and is carrying a course load that is considered full-time for students under the standards and practices of the institution. Full-time student status shall remain in effect as long as the individual carries a full-time student course load in pursuit of a bachelor's degree, an associate's degree, a master's degree, or a diploma from an accredited educational institution or a certificate from an accredited vocational program (excluding apprenticeship programs).
Grievant. Any participant who files a written grievance with an administering agency in accordance with the administering agency's grievance procedure. A grievant shall also include any person about whom the administering agency holds data (data subject) who also pursues an appeal pursuant to 760 CMR 8.00: Privacy and Confidentiality.
Guest. A person temporarily staying in the MRVP contract unit with the consent of a member of the household who has the express or implied authority to so consent. The stay of any one guest sleeping in the MRVP contract unit shall be limited to no more than a total of 30 calendar days during any 12 month period unless the administering agency for good cause otherwise consents to a longer period in writing prior to the expiration of 30 calendar days or such longer period as may have been authorized. Children who are subject to a joint custody arrangement or for whom a family has visitation privileges that are not included as a family because they live outside of the assisted household more than 50% of the time, are not subject to the time limitations of a guest as described elsewhere in 760 CMR 49.00.
Head of Household. The adult member of the household who is considered to be the head of household for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the household fulfills all of its responsibilities under MRVP. The household may designate any qualified household member as the head of household. The head of household must have the legal capacity to enter into a lease under state and local law. If the head of household is a student, he or she shall not be considered a full-time student pursuant to Head of Household for purposes of calculating exclusions from household income under 760 CMR 49.05.
Hearing Officer. An impartial person who conducts hearings on grievances (grievance hearings) in accordance with the grievance procedure and renders written decisions based on the material facts and applicable law.
Hearing Panel. A group of impartial persons who conduct hearings on grievances (grievance hearings) in accordance with the grievance procedure and render written decisions based on the material facts and applicable law.
Homeless Applicant. An applicant who:
(a) is without a place to live or is in a living situation in which there is a significant, immediate and direct threat to the life or safety of the applicant or a household member which situation would be alleviated by placement in a unit of appropriate unit size;
(b) has made reasonable efforts to locate alternative housing;
(c) has not caused or substantially contributed to the safety threatening or life threatening situation; and
(d) has pursued available ways to prevent or avoid the safety threatening or life threatening situation by seeking assistance through the courts or appropriate administrative or enforcement agencies; and
(e) has been or is about to be displaced from a primary residence; or
(f) otherwise meets the definition of homelessness under any legislative language directly governing the Department's administration of the MRVP.
Household (Family). A household or family consists of:
(a) two or more persons who live or will live regularly in a unit as their only residence whose income and resources are available to meet the household's needs; or
(b) one person.
A temporarily absent family member shall be deemed to be a household member. The Department may issue guidance with regard to temporarily absent family members. A child who is subject to a joint custody arrangement and resides in the unit more than 50% of the time shall be deemed a household member.
A full-time, live-in Personal Care Attendant, as defined in 760 CMR 49.02: Personal Care Attendant (PCA) , whether or not a household member for purposes of rent determination, if determined by the administering agency to be qualified, shall be deemed a household member for purposes of determining the appropriate voucher size and be granted one additional bedroom.
Housing Quality Standards (HQS). The housing quality standards established by HUD for purposes of determining eligibility of a housing unit for assistance under the Federal Housing Choice Voucher Program.
HUD. The United States Department of Housing and Urban Development (HUD).
Income Limit. Initially, 50% of the area median income, subject to change from year to year in accordance with the then-current MRVP budget line item. In each fiscal year, the Department will notify the Administering Agencies through written guidance of the income eligibility for that year.
Local Resident. A person who has a sole residence or has a place of employment or has a child meeting the definition of household member and is enrolled in school in a city or town at the time of application to a LHA in that city or town and at the time of final determination of eligibility and qualification. Temporary residence with relatives or friends in the city or town is not sufficient unless the person's last residence and domicile was in the city or town. In the case of an applicant determined by the LHA to be homeless, the applicant may select one community for local preference, either the community from which he or she was displaced through no fault of his or her own, or the community in which he or she is temporarily housed. In the event that the applicant is employed in more than one city or town, the applicant may select one community for local preference on the basis of employment.
Mobile Voucher. A voucher issued to an applicant or participant for use in any suitable unit.
MRVP Budget Line Item. Massachusetts Budget Line Item: 7004-9024 or any other line item in the Commonwealth of Massachusetts annual budget governing administration of the MRVP. Substantive provisions of the language of the MRVP budget line item shall take precedence over any contrary provisions of 760 CMR 49.00 or any administrative guidance issued by the Department with respect to the fiscal year covered by the applicable MRVP budget line item language.
Owner. A person (including a corporation or other entity) who has legal title to property. An owner may designate an agent to act on its behalf with respect to management and rental of a contract unit, including execution of a Voucher Payment Contract on the owner's behalf, collection of voucher payments and tenant-paid rent, and lease enforcement, but the owner shall remain responsible for its obligations as owner under the Voucher Payment Contract and the MRVP.
Participant. One or more persons who have been determined eligible for MRVP and have been issued a voucher.
Personal Care Attendant (PCA). A person who resides with a household member with a disability and who:
(a) provides necessary assistance in activities of daily living to such household member insofar as he or she requires such assistance on account of his or her disability;
(b) is not obligated for support of the household member;
(c) is paid for the fair value of such assistance; and
(d) would not be residing in the unit except to provide such necessary assistance to the household member.
Project Based Units. Units which are authorized by the Department to receive rental assistance that is attached to the unit (or project) and not to the person who occupies the unit. When the unit is vacated, the rental assistance remains with the unit (or project).
Project Based Voucher. A voucher attached to a contract unit in a particular housing development, and not to the participant occupying the contract unit, which terminates (as to a particular participant) at the time the participant vacates the contract unit.
Project Based Waiting List. The applicant list which the administering agency or project owner has established, with prior Department approval, for the purpose of offering units specifically funded by project based subsidy.
Request for Program Payment. As defined in 760 CMR 49.09.
Single Room Occupancy (SRO) Eligible Property. A rooming, lodging or boarding house, hotel, inn or private residence which is:
(a) Licensed for such operation by the appropriate authority; and
(b) Certified by the appropriate agency as in compliance with applicable Building, Sanitary and Fire Codes, including without limitation 105 CMR 410.100: Kitchen Facilities.
A student dormitory, residence of a religious order, facility providing continuous psychiatric, medical, or nursing services, or private club shall not constitute an SRO Eligible Property.
Single Room Occupancy (SRO) Unit. A room intended for occupancy by a single individual in an SRO Eligible Property.
Suitable Unit. A dwelling unit for which a Voucher Payment Contract is to be executed. The unit must:
(a) be intended solely for occupancy by the participant and as the participant's sole residence;
(b) be of an appropriate unit size for the participant household;
(c) comply with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II) (including lead paint laws, whenever the household includes a child younger than six years old), 780 CMR: State Building Code and other applicable laws;
(d) Contain, or if an SRO Unit, have access to, kitchen facilities as defined in 105 CMR 410.100: Kitchen Facilities. Kitchen facilities must include, or have space and proper facilities for the installation of, a refrigerator that is at least 7.5 cubic feet with a separate freezer compartment, conventional oven that is non-portable and must be installed, and cooktop with at least two burners;
(e) if a single room, meet the definition of 760 CMR 49.02: Single Room Occupancy (SRO) Unit.
Subsidized Housing Program. Any housing in which the tenant rent share is adjusted based on income.
Utilities. Any or all of the following: Electricity and any other fuels for heat, hot water, and cooking.
Veteran. A person who is a veteran as defined in M.G.L. c. 14, § 7 clause forty-three.
Voucher. A contract document between the administering agency and a participant which certifies program eligibility and sets forth program requirements, guidelines and benefits for applicants who have been determined eligible for assistance pursuant to 760 CMR.
Voucher Payment. An amount paid by an administering agency to an owner under a Voucher Payment Contract in accordance with the Voucher Payment Contract and guidelines established by the Department, taking into consideration a participant's income, household size, contract unit size and/or geographic location.
Voucher payments shall be made only for those eligible participants during the actual period of occupancy in a contract unit. In no event shall payments be made by the Administering Agency pursuant to this program for vacancy losses, damage claims, participant's share of rent arrearage, or any other fee or charge owed by the participant.
Voucher Search Period. The period of time following the issuance or reissuance of a voucher within which a participant must submit a Request for Program Payment for a proposed contract unit that is determined by the administering agency to be a suitable unit. The voucher search period initially shall be 120 calendar days from the date of issuance, subject to modification pursuant to administrative guidance issued by the Department.
760 CMR 49.02