(2) Rental Assistance.
- (a) In determining the value of Rental Assistance for each Rental Assistance Benefits Participant in STHT, the administering agency shall establish each Rental Assistance Benefits Participant's gross family income as defined in 760 CMR 67.02(5). The administering agency may utilize data provided by another government agency in determining income. The amount of a Rental Assistance Benefits Participant's Rental Assistance Payment shall be the difference between the Rental Assistance Benefits Participants' portion of the rent and utility allowance, as determined in accordance with 760 CMR 65.04(2)(b), and the Contract Rent.
- (b) Rental Assistance Benefits Participants shall pay 35% of gross family income, as determined pursuant to 760 CMR 67.02(5), toward rent and utility allowance. For purposes of calculating this requirement, utility allowances shall be as determined by the Department on a regional basis, based on such factors as the Department deems relevant, including but not limited to comparable values for Departmentally determined utility allowances for recipients of Housing Choice (Section 8) vouchers, geography, and historic usage patterns.
- (c) When the value of the Rental Assistance benefits has been determined in accordance with 760 CMR 65.04 (2)(b), the administering agency will send a Rental Assistance Payment each month to the Owner of the Contract Unit in which the Rental Assistance Benefits Participant lives, or to the Owner's Agent, and the remainder of the Contract Rent shall be paid to the Owner or the Owner's Agent by the Rental Assistance Benefits Participant. In cases when 35% of the Rental Assistance Benefits Participant's gross income is less than the utility allowance as calculated pursuant to 760 CMR 65.04(2)(b), the administering agency will send a Rental Assistance Payment each month to the Owner of the Contract Unit in which the Rental Assistance Benefits Participant lives, or to the Owner's Agent in the amount of the full Contract Rent, and the administering agency will send a utility allowance payment each month to the Participant in an amount determined by subtracting 35% of gross family
income, as determined pursuant to 760 CMR 67.02(5), from the full utility allowance for the Participant's family as determined in accordance with 760 CMR 65.04(2)(b). (d) Determination of Value of Rental Assistance benefits on an Annual Basis. Upon the annual recertification of family income in accordance with 760 CMR 65.03(8), the administering agency shall then determine whether the Participant's Rental Assistance benefits value and share of rent should be adjusted based on the family income at the time of the annual review in accordance with 760 CMR 65.04(2). If the Participant's share of the rent is adjusted, the value of the Rental Assistance benefits shall be adjusted accordingly, effective in the first month of the following year of Rental Assistance benefits. (e) If a Rental Assistance Benefits Participant relocates or there is a change in the Participant's family composition, the Participant's continued eligibility, share of rent and appropriate unit size shall be fully redetermined at that time. If a Rental Assistance Benefits Participant experiences a decrease in family income of more than 10% of the previously reported income, the Rental Benefits Participant may request an interim recertification, which may result in a redetermination of the Rental Assistance Payment. Interim recertification shall not be required if a Rental Benefits Participant's family experiences an increase in income, except in the case of a Participant family:
- 1. that reported no income or minimal income (less than $250 per month) at the time of application;
- 2. whose income increased due to receipt of initial or additional public benefits; or
- 3. who experienced a decrease in income expected to be temporary at the time of the decrease. Participant families covered by 760 CMR 65.04(2)(e)1. or 2. shall report, within ten days, any change of income greater than 10% of their prior income and shall receive an interim recertification on the basis of their new income. Participant families covered by 760 CMR 65.04(2)(e)3. shall inform the Administering Agency at the time of the temporary decrease in income of the anticipated date that income will increase and to what level the anticipated increase will affect the Participant's share of rent as of the following month, unless the Participant provides verification that income will not increase as expected at that time, in which case the increase in income will take effect at such later date as is determined by the verification. If the Participant's share of the rent is adjusted pursuant to an interim recertification, the value of the Rental Assistance benefits shall be adjusted accordingly, effective in the first day of the full month following the change requiring interim recertification.
- (f) Rental Assistance benefits values shall be adjusted whenever necessary to comply with 760 CMR 65.00. In the event that a Rental Assistance Benefits Participant files an appeal as to the amount of a redetermined rent share within 14 days of the administering agency's notice of the redetermined rent, the Participant shall continue to pay the rent share in effect instead of the redetermined rent (unless the redetermined rent is lower) until disposition of the appeal. Following disposition of the appeal, the Participant shall forthwith pay to the administering agency any additional amounts determined to have been due but not paid since the effective date set out in the notice of redetermined rent or the administering agency shall credit the Participant with any amounts paid but determined not to have been due. The redetermined rent shall be paid beginning on its effective date.
- (g) A Rental Assistance Benefits Holder shall submit a Request for Program Payment for a proposed Contract Unit to the administering agency.
- (h) Upon receipt of the necessary documentation, the administering agency shall enter into a Rental Assistance Payment Contract with the Owner of the Contract Unit, or the Owner's Agent, on behalf of the Rental Assistance Benefits Holder (subsequently referred to as the Rental Assistance Benefits Participant).
- (i) While a Rental Assistance Payment Contract is in effect, the terms and conditions of the Participant's Program Participation Agreement remain in effect for the period of time that the Rental Assistance Benefits Participant occupies the Contract Unit or until otherwise ter minated. When a Rental Assistance Benefits Participant chooses to move for reasons considered good cause as determined by 760 CMR 67.06(2)(c) or is required to move, the Participant shall give one calendar month's written notice to the administering agency and to the Owner or Owner's Agent. If a Rental Assistance Benefits Participant chooses to leave a Contract Unit without good cause as determined by 760 CMR 67.06(2)(c), the Participant will be deemed to have abandoned the Contract Unit.
- (j) If a Rental Assistance Benefits Participant has vacated an STHT unit with good cause as determined by 760 CMR 67.06(2)(c) before locating another Suitable Unit and does not locate a new Suitable Unit within 30 days of vacating the unit, the Program Participation Agreement will expire and the Contract Unit will be deemed abandoned, and the Participant shall not be entitled to further STHT benefits. The administering agency may extend this period for up to an additional 60 days upon a showing of good cause, as determined by 760 CMR 67.06(2)(c), by the Participant.
- (k) Subject to the qualifications in 760 CMR 65.04(2)(i) and (j), a Rental Assistance Benefits Holder may move anywhere in the state without jeopardizing program eligibility. When a Rental Assistance Benefits Participant relocates from one administering agency's jurisdiction to another, the Rental Assistance benefits will thereafter be administered by the administering agency with jurisdiction where the Participant takes up residence and the Department will make any necessary adjustments to the budget allocations for the affected administering agencies pursuant to guidelines issued by the Department.