Section 65.05 - Requirements for Continuing Participation(1) To receive, or continue to receive, STHT benefits: (a)Repay Arrearages. A Participant must include, in his or her stabilization plan, a repayment agreement to repay fully over time any arrearage owed to a LHA or to a STHT administering agency and to stay current with any such repayment agreement.(b)Repay Damages. A Participant must include, in his or her stabilization plan, a repayment agreement to repay fully over time any damages or vacancy loss payments to an LHA or to a STHT administering agency and stay current with such a repayment agreement.(c)Comply with Program Participation Agreement. A Participant must comply with the terms of his or her Program Participation Agreement, which shall require compliance with applicable STHT program rules and regulations, including the Temporary Accommodation agreement, if applicable. The Program Participation Agreement shall require the Participant and a former Participant (during any appeals period and upon voluntary or involuntary termination from the program) to inform the Administering Agency at all times of current contact information, including address and telephone numbers. If no forwarding contact information is provided, the administering agency shall use the most recent address on file for the Participant or former Participant for any necessary communications.(d)Lease Compliance. The Participant Family must not substantially and materially violate its lease. A substantial and material violation of a lease shall include the Participant's failure to pay his or her portion of the rent or utilities for which the family is responsible not more than five days after the due date. Each instance of late payment of rent or utilities shall constitute an independent violation of 760 CMR 65.05(1)(d).(e)Stabilization Plan Compliance. Adult Recipients must not substantially and materially violate their Stabilization Plans, as in effect at the time of the conduct. Failure to attend a meeting without good cause, as defined in 760 CMR 67.09(2)(e) whether scheduled to take place in person or by telephone, of which the adult Recipients have received written notice at least two days in advance, shall constitute a substantial and material violation of the Stabilization Plan. For purposes of 760 CMR 65.05(1)(e) written notice provided by mail shall be deemed received two days after the date of mailing. Notice in electronic form storable by the giver, such as email, text message, or instant message, shall be considered written notice pursuant to 760 CMR 65.05(1)(e) if the Participant has agreed to receipt of communications from the administering agency in such format.(f)Criminal Conduct by a Family Member. No member of a Participant Family may engage in criminal conduct, including but not limited to the possession of illegal firearms or the sale or possession of illegal substances, while in the unit or in the building in which the unit is located or on grounds of the property on which the unit is located. If the Participant: 1. should not have known that there was a reasonable possibility that the household member would engage in such criminal activity, and, once he or she became aware of the activity, took reasonable steps to stop the conduct; or2. the criminal activity was domestic violence, such conduct will not constitute a violation of 760 CMR 65.05(1)(f) if the Participant: a. promptly removes such household member from his or her household composition; andb. takes reasonable steps to prevent the household member from returning to the premises, which may include, if necessary to prevent a return, serving and actively enforcing on his or her own behalf, an abuse prevention order pursuant to M.G.L. c. 209A or cooperating with efforts by the Owner or Owner's Agent to serve and actively enforce against such household member a "no trespass" notice pursuant to M.G.L. c. 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E.(g)Criminal Conduct by a Guest. No one who is a guest of a Participant Family may engage in criminal conduct, including but not limited to the possession of illegal firearms or the sale or possession of illegal substances, while in the unit or in the building in which the unit is located or on grounds of the property on which the unit is located. If the Participant: 1. should not have known that there was a reasonable possibility that the household member would engage in such criminal activity, and, once he or she became aware of the activity, took reasonable steps to stop the conduct; or2. the criminal activity was domestic violence, such conduct will not constitute a violation of 760 CMR 65.05(1)(g) if the Participant takes reasonable steps to prevent the guest from returning to the premises, which may include, if necessary to prevent a return, serving and actively enforcing on his or her own behalf, an abuse prevention order pursuant to M.G.L. c. 209A or cooperating with efforts by the Owner or Owner's Agent to serve and actively enforce against such household member a "no trespass" notice pursuant to M.G.L. c. 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E.(h)Possession of Lawful Firearms. No one who is a member or guest of a Participant Family may store or have in his or her possession a lawful firearm while in the unit or in the building in which the unit is located or on the grounds of the property on which the unit is located, except if possessor of the firearm is a guest who is a law enforcement official present during the conduct of official duties. If the Participant should not have known that there was a reasonable possibility that a household member or guest would possess lawful firearms, and such possession was incident to domestic violence, such conduct will not constitute a violation of 760 CMR 65.05(1)(h) if the Participant:
1. promptly removes any such household member from his or her household composition; and2. takes reasonable steps to prevent the household member or guest from returning to the premises, which may include, if necessary to prevent a return, serving and actively enforcing on his or her own behalf, an abuse prevention order pursuant to M.G.L. c. 209A or cooperating with efforts by the Owner or Owner's Agent to serve and actively enforce against such household member a "no trespass" notice pursuant to M.G.L. c. 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E. (i)Destruction of Property. No member or guest of a Participant Family shall destroy property in the Unit or in the building in which the Unit is located or on the grounds of the property on which the Unit is located unless the destroyed property belongs to the person who destroys it and the person destroys such property in a safe and sanitary manner. If the Participant should not have known that there was a reasonable possibility that a household member or guest would engage in destruction of property, and such destruction was incident to domestic violence, such conduct will not constitute a violation of 760 CMR 65.05(1)(i) if the Participant:
1. promptly removes any such household member from his/her household composition; and2. takes reasonable steps to prevent the household member or guest from returning to the premises, which may include, if necessary to prevent a return, serving and actively enforcing on his or her own behalf, an abuse prevention order pursuant to M.G.L. c. 209A or cooperating with efforts by the Owner or Owner's Agent to serve and actively enforce against such household member a "no trespass" notice pursuant to M.G.L. c. 266, § 120 or an anti-harassment order pursuant to M.G.L. c. 258E. (j)Threats. Members of the Participant Family and their guests may not engage in conduct that constitutes a health and/or safety threat to staff of the Department, the administering agency, the Owner or Owner's Agent, or to persons lawfully in the building or on the grounds of the building in which the unit is located. Such conduct may include, but is not limited to, acts of physical and sexual violence, threats, abusive language, or intimidation.(k)Primary Residence. Each Recipient must use the unit as his or her primary residence. The Participant shall inform the administering agency within five days if a Recipient ceases to use the unit as his or her primary residence, which shall include but not be limited to, any vacation-related absence of more than two consecutive weeks.(l)Abandonment. The Participant Family may not abandon the unit. Abandonment may be established by proof that the Participant Family has removed its belongings; left its belongings in the apartment in a disordered state indicating an intent to abandon and failed to respond within three days to a written request by the administering agency to explain the situation; has not resided in the unit for a period of five consecutive days without notifying the Owner or Owner's Agent and the administering agency; has abandoned the unit pursuant to 760 CMR 65.04(2)(i); or has chosen to leave a Contract Unit with good cause as determined by 760 CMR 67.06(2)(c) and does not locate a new Suitable Unit within the timeframe permitted by the 760 CMR 65.04(2)(j), together with any extensions granted by the administering agency.(m)Unauthorized Residence. No person who is not a member of the Participant Family at the time of the STHT benefits grant, or the member of another family authorized to share the unit with the Participant Family pursuant to 760 CMR 65.02: Suitable Unit, or 65.04(3)(d) may reside in the unit without the permission of the Department, the Administering Agency, and the Owner or Owner's Agent. Overnight guests are allowed to the extent consistent with the lease and 760 CMR 65.05(1)(m). Any person who stays overnight in the unit beyond the guest visit timeframe permitted by the lease or for longer than 12 days (whether consecutive or cumulative during the course of a 12-month period), whichever is shorter, shall be deemed an unauthorized occupant unless the administering agency determines that the pattern of overnights, in the light of all the circumstances, demonstrates by clear and convincing evidence that the overnight guest in question is not an occupant.(n)Accurate Reporting. 1. Adult Recipients shall not commit fraud on the STHT program. The Participant must accurately inform the administering agency of the Participant Family's income, assets and family members and must report any material changes of the family's income and assets whenever required for annual or interim recertifications, and must report any material changes in income or family composition, including birth to, or adoption of a minor child by, an adult Recipient, within ten days of such a change.2. Any change of family composition, other than the addition of a child by birth or adoption of a child, must be approved by the Administering Agency and the Owner or Owner's Agent according to such guidelines as the Department may issue from time to time. The Administering Agency and the Owner or Owner's Agent shall approve the addition of any minor to the family if an adult Recipient has legal custody and primary physical custody of the minor. Approval for changes to family composition shall not be unreasonably denied, provided that such changes do not increase the Department's assistance payment or introduce into the family an individual who will not assist the Participant Family in obtaining safe, permanent housing. The Administering Agency shall promptly inform the Department of any changes in family composition and income.(o)Rejection of Housing. The Participant Family must not reject an offer of safe, permanent housing, as defined in 760 CMR 67.06(4)(b)1. without good cause, as defined in 760 CMR 67.06(6)(a)2. A Participant Family receiving temporary accommodation benefits or relocating pursuant to 760 CMR 65.04(2)(i) or (j) must not reject an offer of a Suitable Unit, without good cause, as defined in 760 CMR 67.06(6)(a). A Participant Family receiving temporary accommodation benefits pursuant to 760 CMR 65.04(3)(c) or 65.07(7) must not, without good cause as defined in 760 CMR 67.06(6)(a)4., reject or fail to appear at an assignment to a temporary accommodation placement or abandon a temporary accommodation placement by taking two or more overnights away from such placement without the authorization of the administering agency.(p)Eviction for Nonpayment of Rent or Other Cause. A Rental Assistance Benefits Participant is subject to termination for nonpayment of rent or other lease violations leading to eviction. A Notice of Termination issued under 760 CMR 65.05(1)(p) for nonpayment of rent will be rescinded if the Participant prevails in a summary process action to evict the Participant for nonpayment of rent, or the Owner or Owner's Agent agrees to allow, or a court requires the Owner or Owner's Agent to allow, the Participant Family to remain in the unit for so long as the Participant complies with a rent repayment agreement approved by the Owner or Owner's Agent. The Notice of Termination may be reinstated if the Participant fails to make a payment pursuant to such repayment agreement. If a Notice of Termination under 760 CMR 65.05(1)(p) is rescinded, each monthly instance of non-payment or late payment of rent may be treated as a separate lease violation under 760 CMR 65.05(1)(d). Rental Assistance Benefits Participant shall be terminated if the Owner or Owner's Agent commences a summary process action to evict the Participant for cause other than nonpayment of rent or domestic violence as to which the Participant was a victim. A Notice of Termination issued under 760 CMR 65.05(1)(p) for cause other than nonpayment of rent will be rescinded if the Participant prevails in a summary process action to evict the Participant for such conduct, or the Owner or Owner's Agent agrees to allow, or a court requires the Owner or Owner's Agent to allow, the Participant Family to remain in the unit. If the Participant Family is allowed to remain in the unit for so long as the Participant complies with the terms of an Agreement for Judgment allowing the Participant to remain in the unit indefinitely or for a period longer than one year, the Notice of Termination may be reinstated if the Participant fails to comply with such agreement.(q)Recertification. The Participant shall provide all documentation necessary for annual and interim recertifications in order to allow the administering agency to redetermine the Participant Family's type, level, and value of STHT benefits in accordance with 760 CMR 65.03(7).(r)Categorical Ineligibility.1. A Participant Family must continue to maintain program eligibility. A Participant Family that becomes categorically ineligible for Emergency Assistance temporary emergency shelter for a reason other than exceeding Emergency Assistance maximum income requirements shall be immediately terminated from STHT benefits.2. If the income of a Participant Family receiving Rental Assistance at any time exceeds 50% of the area median income for its size, that family's STHT benefits will be terminated effective at the end of the sixth full calendar month that occurs after the family's income exceeded such threshold.3. If the income of a Participant Family receiving Household Assistance at any time exceeds 50% of the area median income for its size, that family's STHT benefits will be terminated effective at the end of the sixth full calendar month that occurs after the family's income exceeded such threshold.4. The Participant Family may become ineligible for these continued STHT benefits during this six-month period for any other reason stated in 760 CMR 65.05.5. Once the Participant Family's income exceeds the STHT eligibility standard the income will not be reevaluated to determine STHT eligibility. (2)(a) A single violation of 760 CMR 65.05(1)(f) through (r) can lead to termination of STHT benefits.(b) Two or more instances of conduct or omissions to act in violation of 760 CMR 65.05(1)(a) through (e) without good cause as stated in 760 CMR 67.06(6)(a)2. are grounds for termination from STHT benefits. A single incident or omission constituting a simultaneous violation of more than one of the provisions listed in 760 CMR 65.05(1)(a) through (e) shall count as only one violation.(c) After an initial instance of conduct or omissions to act in violation of 760 CMR 65.05(1)(a) through (e), a second instance of conduct or omissions to act in violation of 760 CMR 65.05(1)(a) through (e) shall be deemed to occur for continuing conduct or omission to act only for a second day of such conduct or omission and only after notification by the administering agency in writing and a reasonable opportunity to correct such continuing violation.(d) A single incident or omission constituting a simultaneous violation of a provision or provisions included in 760 CMR 65.05(1)(a) through (e) and a provision or provisions included in 760 CMR 65.05(1)(f) through (r) shall be treated as a single violation of the provision or provisions included in 760 CMR 65.05(1)(f) through (r).(e) Termination pursuant to 760 CMR 65.05(1), except for termination pursuant to 760 CMR 65.05(1)(r) for exceeding maximum income requirements, for all needy children in a family reaching the age of 21, or for loss of custody of a dependent child through no fault of the Participant, shall constitute termination for cause, which shall constitute failure to make a good faith effort to follow a Participant's housing stabilization plan.(3) To continue to receive, STHT benefits a Participant Family must not have received more than 24 successive months of STHT Rental Assistance benefits, excluding temporary accommodations received prior to a family's first receipt of other STHT benefits. Termination of STHT benefits pursuant to 760 CMR 65.05(3) shall be deemed without fault to the Participant or the Recipients. The administering agency shall provide the Participant with written notice at the recertification at the end of the first year of program participation, excluding temporary accommodations, alerting the Participant to the final date by which STHT benefits will be provided. The calculation by the administering agency of the final date of benefits shall be appealable only at the time of the notice provided as part of such recertification.