Waivers; Compliance

(1) Waivers. The Undersecretary of the Department may waive, in writing, any provision of 760 CMR 64.00 not required by M.G.L. c. 40T on findings that such waiver is consistent with the purposes set out in M.G.L. c. 40T and 760 CMR 64.00 and that desirable relief in the public interest will be accomplished through such waiver. A request for waiver shall be in writing to the Undersecretary, Department of Housing and Community Development, 100 Cambridge Street, Suite 300, Boston, MA 02114 shall contain reliable evidence showing that the waiver meets all the requirements of 760 CMR 64.10(2), and shall provide notice to all Institutional Receipients. The Department may request such further information as it may find necessary or useful from any party, prior to making a determination relative to a requested waiver. In making its determination, the Department shall consider any written comments that it receives within ten days of receipt of the waiver request or before the determination is made, whichever is longer. (2) Department Actions. The Department may take such equitable or other legal or administrative action as is necessary to implement a waiver or otherwise effectuate the purposes or requirements of M.G.L. c. 40T, or 760 CMR 64.00, upon a written finding by the Undersecretary of the Department that such action is consistent with the purposes set out in M.G.L. c. 40T and 760 CMR 64.00 and that desirable relief in the public interest will be accomplished through such action. (3) Noncompliance Notices. (a) The Department may issue a Notice of Noncompliance and may file it with the applicable registry of deeds or registry district of the land court in regard to any Publicly-assisted Housing when a current or prior Owner fails to comply with the requirements of M.G.L. c. 40T or 760 CMR 64.00. The Department shall serve copies of the Notice of Noncompliance on the parties listed in 760 CMR 64.03(3)(a). The Notice of Noncompliance shall state the nature of the noncompliance and shall cite the relevant portion of M.G.L. c. 40T and/or 760 CMR 64.00. (b) A Rescission of Noncompliance shall be provided to the Owner with notice to all Institutional Recipients when the Owner of Publicly-assisted Housing has demonstrated to the satisfaction of the Department that the Owner has cured the noncompliance that is the basis of a Notice of Noncompliance.