760 CMR 5.03
Family (Household)(a), as an additional household member, the LHA shall determine
whether the person is qualified and whether the augmented family is eligible. If so, the LHA
shall approve addition of the household member to the family if the Unit is of Appropriate
Unit Size or, if the Unit is too small, upon transfer of the family to a Unit of Appropriate Unit
Size.
Family Housing.
St. 1948, c. 200 or St. 1966, c. 705 housing managed pursuant to the
provisions of M.G.L. c. 121B, § 34.
Homeless Applicant Displaced by Natural Forces. An applicant who:
(1) has been or is about to be displaced from the applicant's Primary Residence; and
(2) the displacement or imminent displacement is a result of:
(a) fire not due to the negligence or intentional act of applicant or a household member;
(b) earthquake, flood, or other natural cause; or
(c) a disaster declared or otherwise formally recognized under disaster relief laws.
Homeless Applicant Displaced byPublic Action (SanitaryCode Violations). An applicant who:
(1)
has been or is about to be displaced from the applicant's Primary Residence by
enforcement of minimum standards of fitness for human habitation established by 105 CMR
410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code,
Chapter II) or local ordinances, and:
(2) neither the applicant nor a household member has caused or substantially contributed
to the cause of enforcement proceedings; and
(3) the applicant has pursued available ways to remedy the situation by seeking assistance
through the courts or appropriate administrative or enforcement agencies.
Homeless Applicant Displaced by Public Action (Urban Renewal). An applicant who:
(1) within three years prior to the application, has been or is about to be displaced from the
applicant's Primary Residence by:
(a) any low rent housing project as defined in M.G.L. c. 121B, § 1;
(b) a public slum clearance or urban renewal project initiated after January 1, 1947; or
(c) other public improvement.
Household of Person(s) with Disabilities.
A household, residing in or applying for
Elderly/Disabled Housing, consisting of at least one person with a disability and no Elderly
Person.
HousingSituation PriorityPolicy. EOHLC administrative guidancesettingthecriteria to be used
by the CSO to determine the priority to be granted to applicants claiming the 4th Priority
pursuant to 760 CMR 5.09(1)(d).
Local Housing Authority (LHA). A public body politic and corporate created pursuant to
M.G.L. c. 121B, § 3 or similar provisions of earlier general laws or of special laws. Local
Housing Authority shall include a regional nonprofit corporation or other entity under contract
to EOHLC to administer the AHVP and the MRVP where made applicable pursuant to 760 CMR
49.00: Massachusetts Rental Voucher Program.
Local Resident. A person who has a Primary Residence, or a residence consistent with this
paragraph, or a place of employment in a city or town at the time of application to an LHA in that
city or town and at the time of final determination of eligibility and qualification. Each person
may select up to two cities or towns for the purpose of Local Residence, one for residency and
one for employment. Temporary residence with relatives or friends in the city or town is not
sufficient unless the person's last residence and domicile was in the city or town. In the case of
an applicant who has claimed any of the first four priorities pursuant to 760 CMR 5.09(1)(a)
through (d), the applicant may select one community for local preference by residency, either the
community from which he or she was displaced through no fault of his or her own, or the
community in which he or she is temporarily housed. In the event that the applicant is employed
in more than one city or town, the applicant may select one community for local preference on
the basis of employment.
Minority:
(a) Asian with origins in any of the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent;
(b) Black or African American with origins in any of the black racial groups of Africa;
(c) Hispanic/Latino of Mexican, Puerto Rican, Cuban, Central or South American origin;
(d) American Indian or Alaska Native with origins in any of the original peoples of North
and South America, and who maintains tribal affiliation or community attachment; or
(e) Native Hawaiian or Other Pacific Islander A person having origins in any of the original
peoples of Hawaii, Guam, Samoa, or other Pacific Islands;
MRVP. Massachusetts Rental Voucher Program.
Person(s) with Disabilities of Low Income. The definition of Persons with Disabilities of Low
Income is set out in M.G.L. c. 121B, § 1. As used in 760 CMR 5.00, Person(s) with Disabilities
shall mean a person or persons with disabilities of low income.
Primary Residence. A home (domicile) that all members of a household occupied with the intent
to remain indefinitely or, at a minimum, for nine months.
Statewide Online Application System. An internet application system developed by EOHLC
required to be used by all LHAs to manage their applications and waiting lists for state aided
Family Housing and Elderly/Disabled Housing.
Transfer for Administrative Reasons. Transfer of a household from one Unit to another within
one LHA at the discretion of the executive director of an LHA at any time for a sound
administrative reason such as: fire in or condemnation of an occupied Unit; harassment or abuse
of a tenant or household member; or change in the number of persons in the household so that
the Unit is no longer of Appropriate Unit Size for the household. A transfer for administrative
reasons may be made between Units in Elderly/Disabled Housing and Family Housing in the
event that transfer cannot be made to a Unit of Appropriate Unit Size in the same type of
housing, provided that the household is eligible for the housing to which the transfer is made.
Transfer for Good Cause. Transfer of a household from one Unit to another within one LHA
because the Unit is no longer of Appropriate Unit Size, or there is a compelling and documented
medical impairment which could be substantiallyimproved bytransfer to another available Unit.
A transfer for good cause may be made between Units in Elderly/Disabled Housing and Family
Housing in the event that transfer cannot be made to a Unit of Appropriate Unit Size in the same
type of housing. In the absence of mitigating circumstances deemed sufficient by the LHA, a
transfer for good cause shall not be made, unless the applicant:
(a) has filed a transfer application complete with all supporting documentation;
(b) is current in rent, charges and fees owed to the LHA; and
(c) has not committed and household members have not committed any serious violations
of the lease for at least two years, and the applicant is not subject to eviction proceedings or
to the terms of an agreement for judgment in a prior eviction proceeding.
Transfer to the AHVP. Transfer of a household from Elderly/Disabled Housing to the AHVP
pursuant to the provisions of 760 CMR 53.00: Alternative Housing Voucher Program.
Unit. A rental housing unit in state aided public housing. Where the context involves the MRVP
or AHVP, Unit shall mean a rental housing unit for which the rent is subsidized under either
program.
Veteran. The definition of Veteran is set out in M.G.L. c. 121B, § 1.