760 Mass. Reg. 53.06

Current through Register 1523, June 7, 2024
Section 53.06 - Determination of the Value of the Voucher and the Participant's Income
(1) Income. A household's net household income shall be determined in the manner specified in 760 CMR 7.00, Determination of Rents in State-Aided Public Housing.
(2) Program Participants shall be obligated to pay as their share of rent for a Contract Unit, 25% of their Net Household Income if some or no utilities are included in the Rent and 30% of their Net Household Income if all utilities are included in the Rent. The value of the Voucher shall be the difference between the total Rent and the Participant's share of Rent, provided that the total Rent may not exceed the applicable Ceiling Rent.
(3) Determination of Value of Voucher on Annual Basis. At least once in every 12 month period, the Participant shall complete and file with the LHA a continued occupancy form, providing accurate information as to income, employment, and composition. The LHA shall then determine whether the Participant's Voucher value and share of Rent should be adjusted, whether a Participant's authorized unit size is still appropriate for Participant's needs, and whether the Participant is eligible for continued program participation. If the Participant's share of the rent is adjusted, the value of the voucher shall be appropriately adjusted. If the Participant relocates, the Participant's income is subject to be fully redetermined at that time.
(4) Changes in Voucher Value Between Regular Redetermination Dates.
(a) When monthly income of the household decreases, an increase in the value of the Voucher shall be made when requested by the Participant. The changed Voucher value will be effective on the next regular payment date following the report to the LHA and verification of the lower income.
(b) Participants shall inform the LHA of all increases in monthly income of the household of 10% or more within 30 days of such increases. If the Participant's Voucher changes because of the increased income, the changed Voucher value shall be effective on the first payment date of the second month following submission of the new income information. A Participant's failure to report an increase in gross income shall be grounds for termination of program participation by the Participant if such increase, if reported, would have resulted in a decreased Voucher value. In the event that the Participant is not terminated, the Voucher value shall be adjusted retroactive to the date such change would have taken effect had the increase been properly reported, and the LHA may enter into a repayment agreement.
(c) Participants shall inform the LHA of all changes in household size and/or composition within 30 days of such changes. At the time that the size of the household is reported, the net income and Voucher value shall be reviewed and revised. If the Participant's net income has decreased, the Voucher value shall be changed effective the first payment date following the report and verification of change in household size. If the Participant's net income increased, the Voucher value shall be changed effective on the first payment date of the second month following the report of change in household unless such change was not reported within the required 30 days. A Participant's failure to report such a change shall be grounds for termination of program participation by the Participant if the changes would have resulted, if reported, in a decreased Voucher value. In the event that the Participant is not terminated, the Voucher value shall be adjusted retroactive to the date such change would have taken effect had the household change been properly reported and the LHA may enter into a repayment agreement.
(d) Voucher values shall be adjusted whenever necessary to comply with 760 CMR 53.00, other regulations, or applicable law.
(5) Verification of Income.
(a) Participant shall, under the pains and penalties of perjury, provide complete, accurate and documented verification for all income and deductions claimed for the household.
(b) Third party verification, in accordace with Department guidelines, shall be obtained to determine net income of Participant's household.
(c) Each Participant and each member of the Participant's household shall provide the LHA with their social security number.
(d) All LHAs shall participate in any wage and bank match system required for the Program.
(e) A Participant's failure to comply with such program requirements is grounds for termination from the Alternative Housing Voucher Program.

760 CMR 53.06