760 C.M.R. 5.13 – Review of Denial of Eligibility, Qualification, Priority Status or Preference Status or Removal from Waiting List

(1) The Private Conference between Applicant and the LHA or the CSO. If applicant is determined ineligible or unqualified for housing, if the applicant is determined not to be eligible for a priority category or a preference category for which the applicant applied, or the applicant is removed from a waiting list, the entity which made the determination (i.e., LHA or CSO) shall provide written notice of the determination to applicant. The notice shall set out the reasons for the adverse determination in sufficient detail to prepare a rebuttal, the sources of the information relied upon, the names and contact information for Massachusetts legal services offices, and shall advise applicant of applicant's right to request a private conference. The notice shall state that the applicant may be represented at the private conference by counsel or by another person of applicant's choice at the applicant's expense.
(2) Private Conference Requirements. The following requirements shall govern all private conferences between applicant and the LHA or the CSO:
1. (a) Request for a Private Conference. Within 20 days of providing notice of a preconference determination or notice of removal from a waiting list, the applicant may request a private conference with the LHA or CSO, as applicable. The request for a private conference shall be made in writing and shall be delivered or mailed to the LHA or CSO, as applicable, within such 20-day period.
2. (b) Purpose of the Private Conference. The purpose of the private conference shall be to enable the applicant to discuss with the LHA or CSO, as applicable, the reasons underlying the preconference determination or notice of removal from a waiting list and to permit consideration of all pertinent information on a new determination of eligibility, qualification and/or priority or preference status.
3. (c) Scheduling the Private Conference. Promptly after receipt of a request for a private conference the LHA or CSO, as applicable, shall notify the applicant of a time, date and place for the private conference. The date shall be within 30 days from the receipt of the request. Thereafter, for good cause and with notice to applicant the LHA or CSO, as applicable, may reschedule the private conference to a later date. Unless the applicant agrees to a shorter period of time, the applicant should receive at least seven days prior notice of the time and date of the private conference.
4. (d) Applicant's Access to Records. Prior to and at a private conference, the applicant or his or her representative shall have the right to inspect the documentation on the basis of which the preconference determination or notice of removal from a waiting list was made and any other documentation pertinent to the applicant's eligibility, qualification or entitlement to priority or preference status. This information may be viewed in applicant's electronic application in the Statewide Online Application System, but upon the applicant's request the LHA or CSO, as applicable, shall make reasonable arrangements for photocopying any such documentation as applicant may specify with sufficient advance notice.
5. (e) Procedure at the Private Conference. For private conferences between the applicant and the LHA, the executive director shall conduct the private conference or shall designate one or more impartial persons to do so. For private conferences between the applicant and the CSO, the CSO shall designate one or more impartial persons to conduct the private conference. Selection of persons who made the preconference determination or determination to remove the applicant from a waiting list shall be avoided unless the executive director or CSO deems there to be good reason for their selection. The conference officer or officers shall conduct the private conference fairly. Procedure shall be informal. At the private conference, applicant or applicant's representative may offer applicant's own testimony, may question the LHA or CSO, as applicable, on pertinent matters, and may offer other testimony, documentation, information, and argument. The LHA or CSO, as applicable, may also offer testimony, documentation, information, and argument. The applicant and the LHA or CSO, as applicable, may question each other's witnesses. Upon request the LHA or CSO, as applicable, may give the applicant additional time to secure documentation or information.
6. (f) Recordings or Notes of the Private Conference. The LHA or CSO, as applicable, shall record the private conference or shall take accurate notes of what occurred. If the applicant makes a written request at least two days before the private conference, the LHA or CSO, as applicable, shall record the private conference.
(2) The Decision Following a Private Conference. Within 15 working days after the close of a private conference or as soon thereafter as reasonably possible, the LHA or CSO, as applicable, shall notify the applicant in writing of its decision with an explanation of its reasons and shall specify any change, if appropriate, in the prior preliminary determination of the applicant's eligibility, qualifications, priority or preference status, and/or removal from a waiting list. The decision shall be provided to applicant and applicant's representative, if any, at their last known contact addresses. Included with a decision shall be notice about the applicant's right to request reconsideration and about the applicant's right to request review by EOHLC.
(3) The Right to Request Reconsideration of the Private Conference Decision. If the decision following a private conference is adverse to the applicant, within 14 days from the date on which the decision was provided to applicant, the applicant may mail or deliver to the LHA or CSO, as applicable, a written request that the LHA or CSO reconsider its decision. The reason or reasons for the request shall be specified. If the applicant has new information relevant to the factual basis of the adverse decision, this new information should be included with the request. Following receipt of a request for reconsideration the conference officer or officers shall review the request for reconsideration, and shall notify the applicant in writing whether or not the prior decision would be changed and, if so, shall specify the changes. Included with the decision on a request for reconsideration shall be notice about the applicant's right to request review by EOHLC.
(4) The Right to Request EOHLC Review of a Decision. If the decision following a private conference or decision following a request for reconsideration is adverse to the applicant, the applicant or his or her representative may request a review of the adverse decision by EOHLC. The request for review shall be in writing and shall be sent to EOHLCpublichousingreviews@mass.gov or delivered or mailed to EOHLC at 100 Cambridge St., Boston, MA 02114. The request for review must be received by EOHLC or must be mailed in a properly addressed envelope post marked no more than 21 days from the date on which the decision was mailed to applicant. If applicant shows good cause for a late request for review, EOHLC may permit a request for review to be received late. If an applicant requests reconsideration pursuant to 760 CMR 5.13(3), a request for review by EOHLC should not be made until after the decision on reconsideration.
(5) EOHLC Review. Review by EOHLC shall be in accordance with any applicable law. The purpose of review is to ensure uniform and consistent application of the eligibility and selection criteria by LHAs and the CSO. The scope of review shall be whether there was an adequate factual basis for a determination by the LHA or the CSO and whether the determination was made in accordance with the regulations and other applicable law or authority.