760 Mass. Reg. 38.08

Current through Register 1523, June 7, 2024
Section 38.08 - Operating Documents
(1) The documentation for Housing Units with the Service Provider as Tenant shall consist of:
(a) a written lease or other contract, including any addendum, executed by the Service Provider and the owner of the Housing Unit, all in the form prescribed by DHCD, which shall include all applicable provisions governing the use of the Housing Unit to house Client-residents and provisions for financial assistance for the Housing Unit;
(b) a Voucher Payment Contract executed by the owner of the Housing Unit and the AA in the form prescribed by DHCD;
(c) a Voucher executed between the Service Provider and the AA in the form prescribed by DHCD which shall include an addendum listing all Housing Units eligible under the Voucher; and which shall provide the circumstances and manner in which, in the event of a Client-resident's loss of eligibility for the DMH Rental Subsidy Program, the level of subsidy payments authorized by the voucher shall be reduced or terminate accordingly and the Service Provider shall be responsible for the balance of rent under the lease; and
(d) An Occupancy Agreement in the form prescribed by DMH, consistent with DHCD guidance, executed by the Service Provider and the Client-resident.
(2) The documentation for Housing Units with the Client as the Tenant shall include:
(a) a written lease and any addendum, all in the form prescribed by DHCD in accordance with DHCD guidance, executed by the Client-tenant and the owner of the Housing Unit;
(b) a Voucher Payment Contract executed by the owner of the Housing Unit and the AA in the form prescribed by DHCD;
(c) a Voucher executed between the Client-tenant and the AA in the form prescribed by DHCD which shall provide that in the event of the Client-tenant's loss of eligibility for the DMH Rental Subsidy Program, the subsidy payments authorized by the Voucher shall terminate and the Client-tenant shall be responsible for the full rent under the lease; and
(d) a Participant Agreement in the form prescribed by DMH, consistent with DHCD guidance, executed by the Client-tenant and DMH.
(3) Housing Units must be approved according to the following procedure, pursuant to DMH and DHCD guidance prior to the execution of a lease for a DMH Rental Subsidy Program Housing Unit.
(a) Where the Housing Unit will be leased to a Service Provider, the Service Provider shall submit to DMH a request for lease approval on a form prescribed by DHCD.
(b) Where the Housing Unit will be leased to a Client-tenant, the Client shall, with the assistance of the Service Provider or DMH case manager, as applicable, submit to DMH a request for lease approval on a form prescribed by DHCD.
(c) Once DMH has authorized the request for lease approval, DMH will submit the request with its approval to the AA for final approval in accordance with DHCD guidance.

760 CMR 38.08

Amended by Mass Register Issue 1377, eff. 11/2/2018.