Scope and Purpose: Effective Date

(1) 760 CMR: 53.00 is promulgated to establish standards and procedures for the provision of rental assistance to units occupied by handicapped persons of low income pursuant to St. l995, c. 179, § 16. (2) 760 CMR 53:00 shall take effect upon promulgation. 53:02: Definitions Appropriate Unit Size - A unit size assigned so that it will not be necessary for persons of the opposite sex, other than husband and wife, to occupythe same bedroom, except that children under the age of six, shallbe expected to share a bedroom. A unit size shall be assigned so as not to require use ofthe living room for sleeping purposes. Ceiling Rent - the Ceiling Rent shall be the maximum amount of rent payable for a unit occupied bya Participant. The Department shall, from time to time, issue a Schedule of Ceiling Rents. Contract Rent - the total monthly rent specified in a lease, a Request for Program Payment and a Voucher Payment Contract for a Contract Unit, occupied by a Participant. The ContractRentincludes the value of the Voucher paid by the LHA, and the amount of the Participant's share of rent. Contract Unit - a unit occupied by a Participant for which the Participant submits a Request for Program Payment, enters into a lease with the owner, and for which the Owner or Owner’s Agent and LHA sign a Voucher Payment Contract. Department - the Department of Community Affairs (DCA), or any successor agency. Family Applicant - a household consisting of: (a) two or more persons who will live regularly in the unit as a primary residence: 1. whose income and resources are available to meet the family's needs; and 2. are either related byblood, marriage, or operation of law, or have otherwise evidenced a stable family relationship. (b) a single individual. A member of a household shall be considered to be living regularly with the Family Applicant if temporarilyabsent for reasons such as hospitalization, duty assignment, employment, schoolattendance in another location, or temporarily in the custody of the Department of Social Services. Handicapped Person - a person who meets the definition of handicapped person of low income appearing at M.G.L. c. 121B, §1 and 760 CMR 5.00. Local Housing Agency (LHA) - a Local Housing Authority, a Regional Non-Profit Corporation or other entity under contract to the Department to administer the Alternative Housing Voucher Program. 53.02: continued Local Housing Authority - a public body politic and corporate created pursuant to M.G.L. c. 121B or equivalent earlier or special law. Participant - one or more persons certified as collectively eligible for the Alternative Housing Voucher Program who are listed by the LHA as authorized to reside together in one unit which will be his/her or their Primary Residence, and for which Voucher payments are made. Primary Residence - principal home (domicile) occupied by a household member not less than nine months of the year. Program - Alternative Housing Voucher Program (AHVP). Rent - payments pursuant to a lease or other agreement for the Participant's occupancyof a Contract Unit. Rent does not include payments made by the Participant separately for the cost ofheat, cooking fuel, and/or electricity. Suitable Permanent Housing - A unit located by the Participant to whichtheParticipantwould transition from the Program. Suitable Unit - a dwelling unit for which a Voucher Payment Contract is to be entered into. The unit must be: (a) intended solely for occupancy by the Participant and as the Participant's primary residence; (b) of an appropriate unit size for the Participant; (c) in compliance with Article II of the State Sanitary Code (including lead paint laws, whenever the Household includes a child under the age of six years), State Building Code and other applicable laws; (d) rented at an amount not to exceed the applicable Ceiling Rents. Voucher Holder - a household which has been accepted into the Program and to which a Voucher has been issued. When the Household locates a Suitable Unit, executes a lease, and the LHA begins making Voucher payments, the Voucher Holder becomes a Participant. Voucher Payment - an amount paid by an LHA to an Owner or Owner’s Agent which represents the difference between the total rent for a unit and the Participant’s share, as determined by the LHA. The Voucher Payment shall be specified in the Voucher Payment Contract.