760 CMR, § 63.02

Current through Register 1533, October 25, 2024
Section 63.02 - Definitions

Definitions set out in 760 CMR 4.00: General Administration of Local Housing Authorities, 760 CMR 5.00: Eligibility and Selection Criteria, 760 CMR 6.00: Occupancy Standards and Tenant Participation for State-aided Housing and 760 CMR 11.00: Modernization and Development of State-aided Public Housing shall apply in 760 CMR 63.00. The definitions in 760 CMR 63.02 are for terms not previously defined or for terms that are used differently in 760 CMR 63.00.

Affordable Housing. For the purposes of the RPHI, the term Affordable Housing (defined for purposes of state-aided public housing generally at 760 CMR 4.01: Definitions) shall also include any homeownership or rental housing which is restricted to occupancy by low or moderate income households of one or more persons and for which the sale price or rent is affordable as defined by the criteria for inclusion in the Department's subsidized housing inventory and any other requirements imposed by applicable funding sources.

Advisory Committee. A committee to consist of the director of the Department or his or her designee; three members to be appointed by the governor, one of whom shall be recommended by the Citizens' Housing and Planning Association, Inc., one of whom shall be recommended by the Massachusetts Chapter of the National Association of Housing and Redevelopment Officials, and one of whom shall be recommended by the Massachusetts Union of Public Housing Tenants; and three additional members chosen by the Department, to provide advice and recommendations to the Department regarding the PHID Program.

Application. An application for a PHID Grant, in the format specified by the PHID Program Guidelines, including a description of a proposed project, all financing sources, and all other matters required by 760 CMR 63.00 and the applicable PHID Program Guidelines.

Area Median Income. Income, adjusted for family size, and for the pertinent region, as determined by the United States Department of Housing and Urban Development.

Asset-based Management. As part of a comprehensive strategic plan for a portfolio, an approach to property management that focuses on maximizing the long term value of property, operational efficiency and cost-effectiveness, and consumer satisfaction, and, generally, employs a site-based budgeting, needs analysis, funding, decision making, oversight and performance assessment, as well as site-based information and financial systems.

CEDAC. The Community Economic Development Assistance Corporation established in M.G.L. c. 40H, which is authorized by the PHID Legislation to provide Technical Assistance for PHID Eligible Projects and to provide evaluations of the PHID Eligible Projects awarded PHID Grants.

Cost-effective Revitalization Methods. Elements of a PHID Eligible Project designed to offer savings in the management, marketing, construction or rehabilitation of State-aided Family and/or Elderly/Handicapped Housing including, without limitation, incorporating Energy Conservation or Efficiency, Asset-based Management, and Design Innovations.

Design Innovations. Proposals related to site planning, building and/or unit design, building and/or unit systems, construction techniques, or construction materials of a PHID Eligible Project that offer new means of:

(a) extending the useful life of State-aided Family and/or Elderly/Handicapped Public Housing;

(b) improving operational efficiency and cost effectiveness of State-aided Family and/or Elderly/Handicapped Public Housing;

(c) incorporating Energy Conservation or Efficiency; and/or

(d) affording opportunities for replicability.

Energy Conservation or Efficiency. Energy audits, site planning, building and/or unit design, building and/or unit systems, construction techniques, or construction materials of a PHID Eligible Project that offer new means of construction or housing modifications to achieve energy efficiency and conservation including, without limitation, achieving reductions in use of or decreasing reliance on nonrenewable and/or natural resources.

Extremely Low Income Household. A household with a gross income at or less than 30% of area median household income as most recently determined by the HUD, adjusted for household size.

Financially Feasible Project. A PHID Eligible Project that is likely to secure binding financial commitments from any other funding sources which, together with the PHID Grant funds, total the budgeted amount necessary to develop and operate the Project.

Local Housing Authority. A local housing authority created pursuant to M.G.L. c. 121B, § 3, prior statute or special act that has State-aided Housing Developments. As applied to the PHID and RPHI, the term "local housing authority" does not include a regional nonprofit corporation or other entity under contract to the Department to administer the MRVP or AHVP as it does in 760 CMR 5.03: Definitions.

Low or Moderate Income Person or Family. An individual or family whose income is less than 80% of the Area Median Income.

MHP. The Massachusetts Housing Partnership Fund Board established in St. 1985, c. 405, § 35, as amended by St. 1990, c. 102, §§ 34 through 37, which is authorized by the PHID Legislation to provide Technical Assistance for PHID Eligible Projects and to provide evaluations of the PHID Eligible Projects awarded PHID Grants.

Public Housing Innovation Demonstration Program (PHID Program). The Program created by St. 2008, c. 119, § 2, line item 7004-0034, and amended by St. 2013, c. 129, § 2, line item 7004-0045.

PHID Eligible Project. A proposal submitted by a Local Housing Authority for the acquisition, construction, renovation, rehabilitation, marketing or management of State-aided Family and/or Elderly/Handicapped Public Housing. A PHID Eligible Project supported by a PHID Grant is sometimes referred to as a "Project".

PHID Grant. A grant made by the Department to a Local Housing Authority for a PHID Eligible Project under the PHID Program, including Technical Assistance.

PHID Legislation. The legislation enacted as St. 2008, c. 119, § 2 (line item 7004-0034), as amended by St. 2013, c. 129, § 2, line item 7004-0045.

PHID Program Guidelines. Guidelines issued by DHCD, after consultation from the Advisory Committee, setting out, clarifying and further explaining 760 CMR 63.00 program policy and procedure, including provisions relating to Tenant Participation, as such guidelines may be amended, supplemented or replaced. The PHID Program Guidelines shall apply to all PHID Grant programs subject to 760 CMR 63.01(2).

Regional Collaboration. A common or shared PHID Eligible Project developed or managed by Local Housing Authorities in two or more municipalities for State-aided Family and/or Elderly/Handicapped Public Housing in those municipalities and for which an Application is submitted to the Department.

Regional Housing Authority (RHA). An RHA created pursuant to M.G.L. c. 121B, § 3A or similar provisions of earlier general laws or of special laws. An RHA shall include a Local Housing Authority that has entered into a management services contract or contracts one or more other Local Housing Authorities authorizing it to act in the place of such housing authorities with respect to the management of their state-aided public housing with the approval of the local municipal officers of each LHA entering into such a management services contract and subject to such further conditions as may be set out in DHCD guidance.

Regional Public Housing Innovation Program (RPHI). The program created by St. 2014, c. 235, § 12 codified at M.G.L. c. 121B, § 38D.

State-aided Family and/or Elderly/Handicapped Public Housing. A State-aided Housing Development pursuant to St. 1948, c. 200, St. 1966, c. 705 for families, as defined in St. 1948, c. 200, St. 1966, c. 705, and M.G.L. c. 121B; and/or for elderly or handicapped persons as defined in St. 1954, c. 667 and M.G.L. c. 121B.

State-aided Housing Development. Housing developed through funds provided under St. 1948, c. 200, St. 1956, c. 667, St. 1966, c. 705, St. 1974, c. 689 and St. 1987, c. 167.

Technical Assistance. Assistance in the form of consultation, review and advice concerning the design or implementation of a PHID Eligible Project.

Tenant Participation. Notification to and consultation with tenants of State-aided Family and/or Elderly/Handicapped Public Housing affected by proposed PHID Eligible Projects, including review and advice from tenants in accordance with 760 CMR 6.00: Occupancy Standards and Tenant Participation for State-aided Housing and the PHID Program Guidelines.

760 CMR, § 63.02

Amended by Mass Register Issue 1336, eff. 4/7/2017.
Amended by Mass Register Issue 1343, eff. 4/7/2017.
Amended by Mass Register Issue 1411, eff. 2/21/2020.