760 C.M.R. 5.05 – Application Procedures

(1) Every applicant shall use the Statewide Online Application System or application forms approved by EOHLC. The application forms shall be available at all LHAs' central offices or, upon request, by mail. LHAs shall provide reasonable assistance to applicants in completing the application forms. LHAs shall provide language and disability access throughout the application process in accordance with the LHA's reasonable accommodation policy and language access plan. When an applicant submits a paper application form at any LHA, the LHA shall accept the application and promptly enter the information thereon into the Statewide Online Application System.
(2) Every application entered into the Statewide Online Application System shall receive a date and timestamp for each program at each LHA to which the application is made. Applicants may return to their online applications to view their application status and to make changes at any time. Applicants may also make changes at any LHA or the CSO in person, by mail, telephone, or email.
(3) Applicants may apply to any number of housing program types (e.g., MRVP, AHVP, Family Housing, Elderly/Disabled Housing). The maximum number of state-aided public housing selections that may be active for an individual applicant at any time is 25. EOHLC may raise this maximum number of active selections through guidance at its sole discretion. Such limitations on the number of active selections shall not apply to selections for MRVP or AHVP.
(4) Determinations of Priority, Preference, Eligibility and Qualification.
1. (a) Determination of Local Resident Preference. When an applicant claims a Local Resident preference pursuant to 760 CMR 5.09(2)(b), the LHA or CSO, as applicable in accordance with EOHLC guidance, shall make a final determination of the applicant's eligibility for Local Resident Preference.
2. (b) Determination of Veteran Preference. When an applicant claims a Veteran preference pursuant to 760 CMR 5.09(2)(a), the LHA or CSO, as applicable in accordance with EOHLC guidance, shall make a final determination of the applicant's eligibility for Veteran preference.
3. (c) Determination of Priority. When an applicant claims any of the priority categories contained in 760 CMR 5.09(1)(a) through (e), the CSO shall make a final determination of the applicant's eligibility for the claimed priority.
4. (d) Determination of Eligibility and Qualification. The LHA shall make a final determination of the applicant's eligibility and qualification.
5. (e) Negative Determination by LHA or CSO. If the LHA determines that an applicant is not eligible for a claimed preference or is ineligible or unqualified for housing, or if the CSO determines that an applicant is not eligible for a claimed priority or preference, the LHA or CSO, as applicable, shall send written notification to the applicant of:
  1. 1. the determination;
  2. 2. the reason(s) for the determination detailing the material facts;
  3. 3. the right to request a private conference to redetermine the applicant's priority, preference, eligibility and/or qualification pursuant to 760 CMR 5.13; and
  4. 4. the names and contact information for Massachusetts legal services offices.
6. (f) Effect of Final Determinations.
  1. 1. A final determination of priority or preference made by the CSO shall govern the application for the program at all LHAs applicant has applied to in the Statewide Online Application System.
  2. 2. A final determination of eligibility or qualification for housing or eligibility for a claimed preference made by the LHA shall govern the application only for application to the program at the LHA in the Statewide Online Application System.
  3. 3. If an applicant who has been removed from the waiting list reapplies for any new program, the reapplication will receive a new date and time stamp, and new final determinations shall be made on the application.
(5) When an application for a Transfer for Good Cause is denied, when an application for addition of a household member is denied, or when the LHA orders an administrative transfer, a household member, who has signed the lease, may grieve the decision of the LHA under the grievance procedure, and this shall be the sole administrative remedy.