Adult Caretaker. A parent, relative, legal guardian, or caretaker appointed in writing to care for a minor child(ren) pursuant to M.G.L. c. 201F or appointed by a court.

Affirmative Action Goals. The applicable percentages of an LHA's Units of Family Housing and Elderly/Disabled Housing as calculated pursuant to 760 CMR 5.10(3).

AHVP. Alternative Housing Voucher Program.

Appropriate Unit Size. The size of a Unit is appropriate for a household if the Unit meets all the following criteria and is consistent with the State Sanitary Code:

1. (a) Household members of different genders, excepting spouses or domestic partners (or those in a similar living arrangement), do not have to share a bedroom, provided that children younger than eight years old shall share a bedroom and further provided that other household members of different genders may elect to share a bedroom.
2. (b) Persons of the same gender shall share a bedroom, provided that a household member, 21 years of age or older, may elect not to share a bedroom with the household member's child, grandchild, or legal ward, and provided further that a household member does not have to share a bedroom if a consequence of sharing is or would be a severe adverse impact on the household member's mental or physical health and if the LHA receives reliable medical documentation as to such impact of sharing.
3. (c) Each bedroom shall contain at least 50 square feet of floor space for each occupant and a minimum of 70 square feet and shall meet all other applicable requirements of 105 CMR 410.00: Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II) for a room occupied for sleeping purposes. No bedroom shall be shared by more persons than the number permissible under 760 CMR 5.03.
4. (d) The living room may be used for sleeping purposes by household members at the tenant's option and so long as the living room used for sleeping purposes meets the requirements of 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II).
5. (e) The kitchen, bathroom and hallways shall not be used for sleeping purposes by any household member.

Centralized Screening Office (CSO). The office or entity authorized by EOHLC to make determinations as to applicant claimed priorities and preferences in accordance with 760 CMR 5.05(4).

Elderly Household. A household, residing in or applying for Elderly/Disabled Housing, containing at least one Elderly Person.

Elderly Persons of Low Income. Persons having reached 60 years of age or older who are income eligible for state aided public housing. As used in 760 CMR 5.00, Elderly Person shall mean an elderly person of low income.

Elderly/Disabled Housing. St. 1954, c. 667 housing managed pursuant to the provisions of M.G.L. c. 121B, §§ 39 and 40 for Elderly Persons of Low Income and Persons with Disabilities of Low Income.

EOHLC. Commonwealth of Massachusetts Executive Office of Housing and Livable Communities.

Family (Household).

1. (1) A family or household consists of:

   1. (a) two or more persons who live or will live regularly in a Unit as their residence:

      1. 1. whose income and resources are available to meet the household's needs; and
      2. 2. who are either related by blood, marriage, or operation of law, or who have otherwise evidenced a stable interdependent relationship; or
   2. (b) one person; or
   3. (c) remaining household members as further explained in paragraph (4) below.
2. (2) Temporarily Absent Household Members. A household member shall still be considered to be living regularly with a family if temporarily absent for reasons such as hospitalization, duty assignment, employment, or school attendance in another location. Upon receipt of notice from the Department of Children and Families that one or more children will be reunified with a household member, such child or children, if eligible and qualified, shall be considered household members for purposes of securing a Unit of Appropriate Unit Size for the reunified family.
3. (3) Personal Care Attendants. A full time, live in personal care attendant, as defined in the regulation prescribing rent determination, whether or not a household member for purposes of rent determination, if determined by the LHA to be qualified, shall be deemed a household member for purposes of determining the Appropriate Unit Size.

4. (4) Remaining Household Members.

   1. (a) In the event one or more household members, who have not signed the lease, cease living regularly with a family the remaining household members shall constitute the family.

   2. (b) In the event that a household member, who has signed the lease, ceases to occupy the Unit, one or more remaining household members may be given permission for continued occupancy of the Unit, provided that:

      1. 1. the departing household member is not relocating to public or assisted housing elsewhere and is current in his or her financial obligations to the LHA and is not subject to eviction proceedings;
      2. 2. the remaining household members are eligible and qualified for public housing and (excepting newborns) have resided in the Unit for at least one year; and

      3. 3. (i) at least one adult household member (or emancipated minor) applies for and signs a new lease with the LHA; or

         1. (ii) if all remaining members are minors, then the Adult Caretaker appointed to care for the minor(s) applies for and signs a new lease, provided that the Adult Caretaker is screened and approved by the LHA in accordance with 760 CMR 5.08.
   3. (c) In the event of divorce or separation between spouses who are both household members, or entry of a protective order, a Massachusetts court with jurisdiction may determine which spouse and family members shall be entitled to continued occupancy.
5. (5) Additions to Family (Household). In the event that a household member, who has signed the lease, applies for the addition of a person, who meets the criteria in 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. (1) has been or is about to be displaced from the applicant's Primary Residence; and

2. (2) the displacement or imminent displacement is a result of:

   1. (a) fire not due to the negligence or intentional act of applicant or a household member;
   2. (b) earthquake, flood, or other natural cause; or
   3. (c) a disaster declared or otherwise formally recognized under disaster relief laws.

Homeless Applicant Displaced by Public Action (Sanitary Code Violations). An applicant who:

1. (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. (2) neither the applicant nor a household member has caused or substantially contributed to the cause of enforcement proceedings; and
3. (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. (1) within three years prior to the application, has been or is about to be displaced from the applicant's Primary Residence by:

   1. (a) any low rent housing project as defined in M.G.L. c. 121B, § 1;
   2. (b) a public slum clearance or urban renewal project initiated after January 1, 1947; or
   3. (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.

Housing Situation Priority Policy. EOHLC administrative guidance setting the criteria 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:

1. (a) Asian with origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent;
2. (b) Black or African American with origins in any of the black racial groups of Africa;
3. (c) Hispanic/Latino of Mexican, Puerto Rican, Cuban, Central or South American origin;
4. (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
5. (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 substantially improved by transfer 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:

1. (a) has filed a transfer application complete with all supporting documentation;
2. (b) is current in rent, charges and fees owed to the LHA; and
3. (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.