Lease Requirements

(1) Lease as a Condition of Public Housing; Approval of Lease Terms by EOHLC; Prior Leases to Remain in Effect Pending Approval of New Lease Terms by EOHLC; Implementation of New Lease Terms. A lease executed by the LHA and the Tenant for each unit of public housing shall be a condition of occupancy of the unit by the Tenant and other Household Members. The terms of the lease used by the LHA may vary by program but all such terms shall be approved by EOHLC in advance of any use by the LHA. In developing a lease to be submitted for approval by EOHLC, the LHA shall consult with any affected LTO(s). In the event of disagreement over a lease term in a lease submitted for approval by EOHLC, the LTO may present its position to EOHLC. Pending approval by EOHLC of a lease containing the lease requirements set out in 760 CMR 6.06 the LHA shall continue to use the lease then in effect. Following approval by EOHLC of a new lease or amended lease terms, new and existing Tenants shall execute the new or amended lease as a condition of occupancy. New Tenants shall execute the new or amended lease at the times their tenancies are established. Existing Tenants shall execute the new or amended lease at the time of annual re-determinations, and failure by a Tenant at that time to execute a new or amended lease (approved by EOHLC) shall be cause for eviction. Until the new or amended lease is executed as required in 760 CMR 6.06, the terms of the existing lease shall remain in effect unless the lease has been amended by applicable law or terminated for cause. (2) Provisions as to Rent. Each new or amended lease submitted for approval by EOHLC shall contain provisions which are consistent with the provisions concerning the amount of rent, rent payment, failure to pay rent, annual and interim re-determinations of rent and the other matters set out in 760 CMR 6.04. The lease shall require payment of the fee in 760 CMR 6.04(3) for late payment of rent and may require payment of interest on unpaid rent. (3) Provisions as to Occupancy and Use of the Unit. Each new or amended lease submitted for approval by EOHLC shall contain provisions which provide for the following: (a) The names of each Household Member who is authorized to occupy the unit in addition to the Tenant shall be set out in the lease. No other person (excepting Guests) shall occupy the unit. Each Household Member shall be required to reside in the unit for at least nine months in any 12-month period unless the LHA shall have found good cause for an absence of longer than three months. The Tenant shall be responsible for the conduct of all Household Members. (b) The Tenant shall not sublet or transfer possession of the unit. Tenant shall not take in boarders or lodgers and, except as provided in 760 CMR 6.06(3)(d), shall not use or permit use of the unit for any purpose other than as a private dwelling solely for Tenant and the other members of Tenant's Household who are listed on the lease or who subsequently have been approved by the LHA and have been listed on a written lease addendum. (c) The stay of any overnight Guest shall be limited to no more than a total of 21 nights (21 days if the Guest regularly sleeps during the day) during any 12-month period unless the LHA for good cause otherwise consents to a longer period in writing prior to the expiration of 21 nights or such longer period as may have been authorized. The Tenant shall be responsible for the conduct of all Guests, including his or her own, and those of Household Members. The number of Household Members and overnight Guests shall not at any time exceed the permissible limit of 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II). (d) With the LHA's approval, Tenant and Household Members may engage in legal profit making activities which are incidental to the primary use of the unit as a private dwelling so long as suitable general liability insurance coverage is provided if the LHA shall deem it necessary and the activities will: 1. not cause and will not be likely to cause any disturbance or inconvenience to neighbors; 2. comply with any applicable zoning and any applicable federal, state or local licensing requirements; 3. not significantly increase utility or water consumption (unless Tenant separately pays for Utilities); and 4. not result in any other additional expense to the LHA. (e) In the event the Tenant ceases to occupy the unit, provided that the tenancy has not been terminated and is not in the process of being terminated and there is no pending eviction action and provided that the conditions set out in the definition of Family (Household) in 760 CMR 5.03: Definitions have been met, a Household comprising of the remaining Household Members shall be given permission for continued occupancy. Any rent due or past due on the date when the Tenant ceases to occupy the unit shall become the obligation of the new Tenant in such Household. (f) In the event of divorce or separation and in the absence of an agreement between the affected Household Members, a court may determine entitlement to continued occupancy as set out in the definition of Family (Household) in 760 CMR 5.03: Definitions. (g) The Tenant may delete a Household Member named in an existing lease by a new lease or a lease amendment signed by Tenant and the LHA. Any person so deleted shall cease to be a Household Member and shall cease to occupy the unit. (h) Before any person not named in the lease may be added as a Household Member (excepting a new born), Tenant and the person involved shall have applied in writing to the LHA for approval of a Household including such person and the LHA shall have screened the person, ten years of age or older, as an applicant and found him or her to be qualified. The enlarged Household shall meet all applicable eligibility requirements for a Household initially applying for housing, except income shall be within the limit for continued occupancy and the leased unit shall be of appropriate unit size for the enlarged Household. (4) Provisions as to Certain Obligations of the LHA. The lease shall specify the following obligations of the LHA: (a) To deliver a decent, safe and sanitary unit with re-keyed locks and a working stove at initial occupancy. (b) To provide legally requisite heat (or heating facilities in the event Tenant shall be responsible for paying the cost of fuel for heat). (c) To provide legally requisite hot water (or hot water heating facilities in the event Tenant shall be responsible for paying the cost of fuel for hot water). (d) To provide reasonable extermination services. (e) To maintain the structural elements of the building containing the unit. (f) To maintain common areas of the building open to the Household. (g) To make repairs to the unit within a reasonable time after notice that repairs are needed and to give priority to repairs needed to correct a condition endangering the Household. (h) To provide, after a request by Tenant, copies of pertinent rules, policies and regulations affecting the Tenant's tenancy, provided that there may be a charge for such copies if the Tenant has previously been provided with copies of some or all of the requested material. (i) To give Tenant notice of at least 48 hours prior to accessing the unit for inspections or routine maintenance in the absence of an agreed time; in the event of repairs or maintenance in response to a request by Tenant, in the absence of an agreed time, to give reasonable notice, whenever possible given at least on the day prior to access; in the event of an emergency endangering or appearing to endanger life or property, in the absence of an agreed time, to give Tenant whatever reasonable notice which the circumstances may permit before accessing the unit to deal with the emergency; and, if no adult Household Member shall be present at the time of access, to leave a written notice specifying the time and reason for access. (j) To notify Tenant in writing of the specific grounds for any proposed adverse action against Tenant and to notify Tenant of Tenant's right to request a Grievance hearing if available. (k) To preserve the confidentiality of records in accordance with and to the extent provided by 760 CMR 8.00: Privacy and Confidentiality and other applicable law. (l) To respect Tenant's right to organize and/or join a Resident Association and/or Local Tenant Organization. (m) To re-determine rents promptly at the time of annual re-determination and at the time of any interim re-determination. (n) To process applications for transfer promptly. (o) To process applications which seek to add a Household Member promptly and to determine the qualification of each such proposed Household Member pursuant to 760 CMR 5.00: Eligibility and Selection Criteria promptly. (p) To commence eviction proceedings if the LHA determines that such proceedings are warranted under the circumstances and likely to succeed against other Tenants whose behavior or the behavior of their Household Members or of their Guests has jeopardized the health or safety of Tenant or other Household Member. (q) To provide assistance which the LHA determines to be reasonable and appropriate to a Household Member who is a victim of domestic violence. (r) To re-key locks in accordance with M.G.L. c. 186, § 26, within 48 hours upon request of a Tenant or Household Member who is under an imminent threat of domestic violence, rape, sexual assault or stalking at the premises. In accordance with M.G.L. c. 186, § 26(c), if the threat of domestic violence, rape, sexual assault or stalking is posed by a person who is a Tenant or Household Member, the LHA may change the locks and deny a key to the alleged perpetrator upon receipt of a request to change the locks, provided, however, that such request shall be accompanied by a copy of a valid protective order issued under M.G.L. c. 209A or M.G.L. c. 258E issued against a Tenant or Household Member or a record from a federal, state or local court or law enforcement, indicating that a Tenant or Household member thereof poses an imminent threat of domestic violence, rape, sexual assault or stalking. The LHA shall waive charges for the cost of re-keying locks where circumstances warrant. (5) Provisions as to Certain Obligations of the Tenant. The lease shall specify the following obligations of the Tenant, including responsibility for the behavior of Household Members and Guests: (a) To pay rent and the cost of any Utilities for which the Tenant is responsible. (b) To transfer to a unit of appropriate unit size if the number of Household Members decreases or if transfer is necessitated by modernization work, or by other good cause which shall have been approved by EOHLC. (c) For Tenant, Household Members and Guests: to conduct themselves in a quiet and peaceful manner and to refrain from making unreasonably loud noise or noises in the unit or on the LHA's property. (d) For Tenant, Household Members and Guests: not to injure, endanger, threaten, harass or unreasonably disturb other Tenants, the LHA's officers and employees, and other persons lawfully in the unit or on the LHA's property. (e) For Tenant, Household Members and Guests: to create no nuisance in the unit, on LHA property, or in its vicinity and to refrain from any and all criminal conduct in the unit, on LHA property, and in its vicinity. (f) To keep the unit in safe, clean and sanitary condition and to properly store and dispose of all garbage, trash, refuse, and any other waste. (g) For Tenant, Household Members and Guests: to properly use and care for the plumbing and other utility services; and to install no major appliances or waterbeds without prior written authorization from the LHA. (h) For Tenant, Household Members and Guests: to refrain from damaging the unit or any other property of the LHA. (i) To pay the cost of labor and materials necessary to repair or replace any LHA property damaged or destroyed by the negligence or intentional act of Tenant, any Household Member, or any Guest. (j) For Tenant, Household Members and Guests: to keep no Pets in the unit or on LHA property except as may be otherwise authorized. (k) For Tenant, Household Members and Guests: to comply with the reasonable rules and policies established by the LHA for its Developments. (l) For Tenant, Household Members and Guests: to make or allow no alterations or additions to the unit or other property of the LHA without the LHA's prior written consent. (m) To permit access to the unit by the LHA for inspections or routine maintenance following notice of at least 48 hours; in the event of repairs or maintenance in response to a request by Tenant, to permit access after reasonable notice; and in the event of an emergency, endangering or appearing to endanger life or property, to permit access after whatever reasonable notice which the circumstances may permit. (n) To keep all smoke detectors and other fire safety equipment in the unit unobstructed; for Tenant, Household Members, and Guests: to do nothing to render any such detector or other fire safety equipment in operational and to give prompt notice to the LHA of any in operational detector or other such fire safety equipment. (o) For Tenant, Household Members, and Guests: to vacate promptly upon termination of the lease or, if Tenant contests termination of the lease, at other agreed time or time established by court order. (p) To pay the LHA's costs in an eviction action commenced because of breach of the lease or because of other good cause for termination of the lease or in an action for voiding the lease pursuant to M.G.L. c. 139, § 19 if the action results in the termination of the lease. (q) To sign a new lease or lease addendum whenever necessary to reflect a re-determined rent, a change in Household size, or change(s) in terms and conditions of tenancy. (r) For Tenant and Household Members: to participate in any wage, tax, and/or bank match system required by EOHLC and permissible under law and to provide upon request the information and authorizations necessary for such a wage, tax, and/or bank match. (s) Subject to any applicable law, for Tenant and each other adult Household Member, to provide the LHA with his or her social security number, and to authorize use of such social security number for use by the LHA for verification of income and assets of the Household through the Massachusetts Department of Revenue's integrated tax system, wage reporting, and bank match systems or similar means of verification. (6) Provisions on Reasons for Termination of the Lease. The lease shall specify reasons for termination of the lease and of occupancy of the unit by Tenant and Tenant's Household; the reasons shall include the following: (a) Tenant's written Notice of Termination mailed or delivered to the LHA at least 30 days prior to termination. (b) Tenant's nonpayment of some or all rent. (c) Breach or violation by Tenant or a Household Member of any of the material terms of the lease including, but not limited to, breach or violation of any of the Tenant's obligations specified in 760 CMR 6.00. (d) Breach or violation by a Guest of the Tenant or of a Household Member of any of the material terms of the lease where the Tenant or the Household Member knew or should have known that there was a reasonable possibility that the Guest would engage in misconduct. (e) Any of the criminal conduct, specified in M.G.L. c. 121B, § 32(1) through (7), by Tenant or a Household Member; or any such conduct by a Guest of the Tenant or of a Household Member where the Tenant knew or should have known that there was a reasonable possibility the Guest would engage in misconduct. (f) Income which exceeds the maximum allowable for a Household under applicable regulations or authorization, provided that the LHA shall provide an exemption for up to six months if Tenant can show there to be a hardship which prevents relocation of the Household to unsubsidized housing, and the LHA may, in its sole discretion, provide one additional six-month exemption. During the period of any such exemption, the Tenant shall pay the full amount of rent calculated on the net Household income pursuant to 760 CMR 6.05(1). (g) Tenant's failure to supply complete and accurate information necessary for a rent re­ determination or for a determination of eligibility for continued occupancy; or Tenant's failure to provide reasonable cooperation or authorizations to the LHA in securing verification of such information. (h) Failure to supply complete and accurate information in Tenant's application for public housing or in Tenant's request for a priority status or for a preference or in the documentation submitted in support of Tenant's application for public housing or in support of a request for a priority status, for a preference, for addition of a Household Member, or for a transfer, if Tenant knew or should have known the information to be incomplete or inaccurate, and if complete and accurate information would have provided: 1. cause for finding Tenant ineligible or unqualified for public housing; 2. cause for determining tenant not entitled to such priority status, preference, or transfer; 3. cause for housing Tenant in a smaller unit; or 4. cause for establishing a materially higher rent. (i) Failure to sign a lease (or a lease amendment) received from the LHA which contain lease provisions approved by EOHLC or which is required because of changes in composition or income of Tenant's Household. (j) In the event that Tenant has knowledge of a court order barring a person from the LHA's property or from the Tenant's unit, the failure by Tenant or a Household Member to take all necessary steps to exclude such person from the Tenant's unit or the LHA's property. (k) After an offer of a replacement unit of appropriate unit size, failure to vacate a unit because of a decrease in Household size, modernization work, or other good cause which shall have been approved by EOHLC. (l) Failure to pay any amounts owed to the LHA by the Tenant pursuant to or in accordance with the terms of the lease. (7) Provisions Requiring a Grievance Hearing as a Condition of Lease Termination under Certain Circumstances. The lease shall contain provisions that, after the LHA gives a notice of lease termination to a Tenant, the Tenant may request a Grievance hearing regarding whether good cause exists for terminating the lease, provided that no Grievance hearing shall be requested or held under any of the circumstances specified in M.G.L. c. 121B, § 32(1) through (8), including the following circumstances: (a) in the event of non payment of rent; (b) in the event the LHA has reason to believe that Tenant or a Household Member: 1. has unlawfully caused serious physical harm to another Tenant or an employee of the LHA or any other person lawfully on the LHA's property; 2. has unlawfully threatened to cause serious physical harm to any member of a Tenant Household or an LHA employee or any person lawfully on the LHA's property; 3. has unlawfully destroyed, vandalized or stolen property of any member of a Tenant Household or of the LHA or of any person lawfully on the LHA's property, if such conduct involved a serious threat to the health or safety of any such person; 4. has unlawfully possessed, carried, or kept a weapon on or adjacent to the LHA's property in violation of M.G.L. c. 269, § 10; 5. has unlawfully possessed or used an explosive or incendiary device on or adjacent to the LHA's property or has otherwise violated M.G.L. c. 266, § 101, 102, 102A or 102B; 6. has unlawfully possessed, sold, or possessed with intent to distribute a class A, B or C controlled substance, as defined in M.G.L. c. 94C, § 31, on or adjacent to the LHA's property; 7. has engaged in other criminal conduct which has seriously threatened or endangered the health or safety of any member of a Tenant Household, an LHA employee, or any person lawfully on the LHA's property; or 8. has engaged in behavior which would be cause for voiding the lease pursuant to the provisions of M.G.L. c. 139, § 19; or 9. in the event the LHA has reason to believe that a Guest of Tenant or a Guest of a Household Member has engaged in any of the behavior listed in 760 CMR 6.05(7)(b) and that Tenant knew beforehand or should have known beforehand that there was a reasonable possibility that the Guest would engage in misconduct. (8) Provisions Regarding a Grievance Hearing Prior to Lease Termination. The lease shall provide that in circumstances where a Grievance hearing as to lease termination is permissible the following shall apply: (a) The Tenant shall make a written request for a Grievance hearing to the LHA within seven days after a notice of lease termination has been given to Tenant. The Grievance hearing shall be held pursuant to the LHA's Grievance procedure. At the Grievance hearing any additional reason for termination of the lease, which arose subsequent to the date of the Notice of Termination, shall be considered so long as the LHA has given written notice to the Tenant as to the additional reason not less than three days before the hearing, or, if a reason for eviction shall have arisen within such three day period, a subsequent session of the hearing may be scheduled on not less than three days' notice to consider such reason. (b) In cases where Tenant is entitled to a Grievance hearing and has made a timely request, the LHA shall not file a summary process summons and complaint pending the hearing and a decision or other resolution in the LHA's favor. The LHA shall schedule such a hearing on a date within 30 days from the date of a request for a Grievance hearing and at least 15 days prior to the date of termination and shall give written notice of not less than seven days of the time and place to Tenant. In the event a decision on a Grievance determines that good cause exists for terminating a lease, the LHA may thereupon file the summary process summons and complaint, and there shall be no review of the decision by the Board or EOHLC. (9) Leases for Units Receiving Federal Section 8 Subsidy. In the event a Tenant in a public housing unit receives federal Section 8 rental assistance the lease shall contain such additional provisions necessary or appropriate to satisfy the requirements of applicable federal statutes or regulations.