Section 38.05 - Client Eligibility(1) To be initially eligible for the DMH Rental Subsidy Program, a Client must: (a) be financially eligible as determined by the AA pursuant to 760 CMR 5.06(1), 760 CMR 38.07(3) and DHCD guidance;(b) participate in DMH operated or contracted supportive residential services or case management as determined by or pursuant to 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals and DMH guidance;(c) not be the owner or manager of the Eligible Property, a member of the owner's or manager's Immediate Family, or residing in a Household with a member of the owner's or manager's Immediate Family; and(d) be selected as a Client-resident or Client-tenant pursuant to 760 CMR 38.06.(2) A Client will remain eligible for the DMH Rental Subsidy Program until such time as one or more of the following occurs: (a) Six months have passed after the first date on which both of the following conditions are met: 1. The Client's net Household income, as determined by the AA in accordance with 760 CMR 38.07(3) and (4), exceeds the limits specified in 760 CMR 5.06(1), in accordance with DHCD guidance; and2. The Client's Occupancy Charge is equal to, or greater than, the Contract Rent.(b) The Client fails to comply with the recertification requirements in 760 CMR 38.07(4), in accordance with DHCD guidance.(c) The Client applies for and receives another housing subsidy, such as a voucher issued pursuant to 760 CMR 49.00: Massachusetts Rental Voucher Program, or Section 8 of the Housing Act of 1937, 24 CFR 982, in accordance with the following and pursuant to DHCD guidance: 1. If the Client applies for and receives another housing subsidy for use at the same Housing Unit, the Client may remain in the same Housing Unit but is ineligible for the DMH Rental Subsidy upon: a. the completion of execution of all required documents for the initiation of subsidy payments through the other housing subsidy; andb. the initiation of subsidy payments through the other housing subsidy.2. If the Client applies for and receives another housing subsidy that the Client intends to utilize at a different location, the Client remains eligible until the earlier to occur of: a. the completion of execution of all applicable lease and subsidy documents for the Client to reside at the different location and the initiation of subsidy payments through the other housing subsidy; orb. the expiration of the maximum time period allowed for a housing search under the applicable subsidy program, unless the Client is then referred by DMH to continue or renew eligibility for the DMH Rental Subsidy Program as a result of loss of the other subsidy.(d) The Client ceases to participate in DMH supportive residential services or case management, as applicable, pursuant to 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals, or otherwise violates the Occupancy Agreement or Participant Agreement applicable to the Client, in accordance with DMH guidance.(e) The Client otherwise no longer qualifies as a Client-resident or Client-tenant under 760 CMR 38.06.(3) Procedures for termination of a Client's participation in the DMH Rental Subsidy Program: (a) Notices and procedures regarding termination of a Client's participation in the DMH Rental Subsidy Program based on the Client's ineligibility pursuant to 760 CMR 38.05(2)(a), (b), (c), or (e) (other than ineligibility determined by DMH) shall comply with 760 CMR 38.06(1)(d) or 38.06(2)(i), as applicable, and the grievance procedures set out in 760 CMR 6.00, except as otherwise established by DHCD guidance. Each AA shall establish termination notices and procedures subject to DHCD approval that include proper written notice to all applicable parties, including notice of the opportunity to request a reasonable accommodation and the opportunity for grievance and appeal.(b) Notices and procedures regarding termination of a Client's participation in the DMH Rental Subsidy Program based on the Client's ineligibility pursuant to 760 CMR 38.05(2)(d) or (e) (for ineligibility determined by DMH) shall comply with 760 CMR 38.06(1)(e) or 38.06(2)(j), as applicable, and the requirements set out in 104 CMR 29.00: Application for DMH Services, Referral, Service Planning and Appeals and DMH guidance.(c) Notices and procedures regarding termination of a Client's participation as a Client-tenant in the DMH Rental Subsidy Program pursuant to 760 CMR 38.06(2) shall comply with 760 CMR 38.06(2)(i) and the grievance procedures set out in 760 CMR 6.00: Occupancy Standards and Tenant Participation for State-aided Housing, except as otherwise established by DHCD guidance. Each AA shall establish termination notices and procedures subject to DHCD approval that include proper written notice to all applicable parties, including notice of the opportunity to request a reasonable accommodation and the opportunity for grievance and appeal.Amended by Mass Register Issue 1377, eff. 11/2/2018.