MRVP Termination Guide

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1 Revised 2017 MRVP Termination Guide Note: Unless already noted, if there is a Voucher citation listed for a specific reason for termination, the following regulation citation may also be added to the termination letter. 760 CMR 49.03(2)(h): participant including all household members must not... (h) have failed to comply with the terms of the MRVP voucher. Note: Unless otherwise noted, Voucher citations are identical for both Mobile and Project Based Vouchers. Voluntary Termination 0 Warning Letter(s) Able to File Grievance Regulation Citation: None Over-Income 0 Warning Letter(s) Able to File Grievance 6 months; 45 days Notice Regulation Citation: 760 CMR 49.03(1)(b) A participant shall remain eligible for assistance until six months after the first date on which both of the following conditions are met: 1. The participant s net income, as defined in 760 CMR 49.02, exceeds the then-applicable Income Limit; and 2. The tenant s share of the rent is equal to, or greater than, the Contract Rent. None None Head of Household initiates through written request and is able to rescind the Voluntary Termination in writing any time before the Effective Date of termination. Send initial termination letter when first found over-income, with a reminder 45 days prior to termination date. Cannot file grievance on termination, but may file Tenant Rent Share Grievance within 14 days of determination. Exhibit 17.3: Termination Guide

2 Failure to Comply with Repayment Agreement 2 Warning Letter(s) Regulation Citation: 760 CMR 49.03(2)(a). (a) owe back rent, damages, vacancy loss payments, or any other monies to an owner under a subsidized housing program or an administering agency, for which the household has not entered into a repayment agreement, or have failed to stay current with a repayment agreement. Section 6(b) If the Participant has failed to honor a repayment agreement with an AA, the AA may terminate Voucher Payments and/or MRVP participation. Falsified Application 0 Warning Letter(s) Regulation Citation: 760 CMR 49.03(2)(d). (d) have misrepresented or falsified any information required to be submitted as part of the application process, or a prior application process within three years, or for determining continued eligibility and the head of household fails to establish that the misrepresentation or falsification was unintentional. Section 4(b)(v) The Participant must not:... (v) commit any fraud or knowingly make any false statement in connection with MRVP. To stop termination, Participant may either become current on payments or pay balance of the repayment agreement. Participant may only file grievance on the failure to comply with repayment agreement, not existence of repayment agreement itself. The phrase prior application process within three years in the regulations only applies at initial eligibility determination. 2

3 Eviction for Cause Regulation Citation: 760 CMR 49.03(2)(c). (c) have had a judgment for possession of premises leased from an administering agency or an owner under a subsidized housing program entered against him/her by a court for good cause. Section 4(a)(iii) & (b)(xi) (a) The Participant must at a minimum:... (iii) comply with all terms of the lease. (b) The Participant must not:... (xi) be evicted by the Owner for cause or breach of the terms of the lease. The AA shall send a warning letter if an Owner claims in writing that a Participant is violating the Lease, including when the AA receives a copy of a notice to quit. Additional citations may be added based on reason for eviction. Failure to Pay Rent Regulation Citation: None Section 4(a)(v) & (b)(vii) (a) The Participant must at a minimum:... (v) pay Participant s share of the rent to the Owner in accordance with the provisions of the MRVP Lease Addendum and this Voucher. (b) The Participant must not:... (vii) pay a rental amount other than that amount agreed to and specified in the executed Lease or subsequent amendments. Causing Damage to the Unit Regulation Citation: 760 CMR 49.03(2)(n)*. (n) be proven to have caused intentional damage to the contract unit in an amount exceeding two months of rent during any one year period. *Use of this citation will depend on the amount of damage caused and the Contract Rent of the unit. Section 4(a)(iv) The Participant must at a minimum:... (iv) take all steps necessary to ensure that the Contract Unit continues to comply with Article II of the State Sanitary Code and any other local health ordinances, and is kept in a decent, safe and sanitary condition. Disturbing Neighbors or Criminal Activity Regulation Citation: 760 CMR 49.03(2)(f). (f) have engaged in criminal activity, which would interfere with or threaten the rights of other tenants, administering agency, or owner employees to be secure in their persons or property or with the rights of other tenants to peaceful enjoyment of their units and the common areas. Section 4(b)(x) The Participant must not:... (x) engage in violent criminal activity or other criminal acts which would interfere with the health, safety, security, or peaceful enjoyment of other tenants or have adversely affected the physical environment of the other tenants, including drug related crimes. 3

4 Criminal Activity Regulation Citation: 760 CMR 49.03(2)(f). (f) have engaged in criminal activity, which would interfere with or threaten the rights of other tenants, administering agency, or owner employees to be secure in their persons or property or with the rights of other tenants to peaceful enjoyment of their units and the common areas. Section 4(b)(x) The Participant must not:... (x) engage in violent criminal activity or other criminal acts which would interfere with the health, safety, security, or peaceful enjoyment of other tenants or have adversely affected the physical environment of the other tenants, including drug related crimes. See Chapter 4.3 of the Administrative Plan. The following citation may be added to the termination letter, if appropriate. Regulation Citation: 760 CMR 49.03(2)(g). (g) be subject to a lifetime registration as a sex offender in Massachusetts. Drug Related Activity Regulation Citation: 760 CMR 49.03(2)(l). (l) be a current illegal user of one or more controlled substances as defined in M.G.L. c. 94C, 1. A person s illegal use of a controlled substance within the preceding 12 months shall create a presumption that such person is a current illegal user of a controlled substance. Section 4(b)(x) The Participant must not:... (x) engage in violent criminal activity or other criminal acts which would interfere with the health, safety, security, or peaceful enjoyment of other tenants or have adversely affected the physical environment of the other tenants, including drug related crimes. The following citation may be added to the termination letter, if appropriate. Regulation Citation: 760 CMR 49.03(2)(m). (m) have even been convicted of drug-related criminal activity for the manufacture or production of methamphetamine. 4

5 Failure to Comply with MRVP Voucher Regulation Citation: 760 CMR 49.03(2)(h). (h) have failed to comply with the terms of an MRVP voucher. Section 6(a) If the Participant violates any of the obligations of the Participant listed in Section 4, above, including violating any terms of the lease, the AA may terminate the Voucher Payments which are being made on behalf of the Participant, and terminate the Participant s participation in MRVP. (b) The Participant must not:... (viii) terminate the Lease prior to the Lease expiration date without cause or mutual consent. Subletting or Assigning the Unit Section 4(b)(ix) The Participant must not:... (ix) sublease, assign, or transfer the Contract Unit at any time Voucher Payments are being made for the Contract Unit. Duplicative Assistance Section 4(b)(vi) The Participant must not:... (vi) receive duplicative assistance under the MRVP and/or any other rental assistance program. Financial Interest in Unit Section 4(b)(ii) The Participant must not:... (ii) own or have any financial interest in the Contract Unit occupied under MRVP. In addition to the citations listed, the AA shall include an additional citation based on the specific Voucher violation. Improperly Terminating the Lease Section 4(a)(vi), 4(a)(vii), & 4(b)(vii) (a) The Participant must at a minimum:... (vi) receive approval from the AA prior to terminating the lease for cause. (vii)... Give the Owner and the AA written notice at least one full calendar month prior to terminating the Lease for cause. 5

6 Abusive Behavior towards AA Staff Regulation Citation: 760 CMR 49.03(2)(i). (i) have directed abusive or threatening behavior which was unreasonable and unwarranted toward an administering agency employee. Failure to Provide Information 2 Warning Letter(s) Regulation Citation: 760 CMR 49.03(2)(j). (j) have failed to provide information reasonably necessary for the administering agency to process the applicant s application or property administer a participant s voucher. Section 4(b)(i) The Participant must not:... (i) threaten or engage in any abusive behavior towards any AA employee. 4(a)(ii) The Participant must at a minimum:... (ii) supply any certification, release, information or documentation which the AA or DHCD determines to be necessary in the administration of the program, including use by the AA for a regularly scheduled recertification or interim reexamination of the Participant s Household income and composition in accordance with MRVP regulations. Depending on the extent of the behavior, notice requirements above may be waived. AA employees should never be placed in dangerous or threatening situations. Violence against AA employees shall not be tolerated. A Household s failure to recertify is included under failure to provide information. 6

7 Unit is Not Sole Residence 30 Days Notice Regulation Citation: 760 CMR 49.03(2)(k). (k) intend to live somewhere other than a contract unit as his/her sole residence. Section 4(a)(ix) The Participant must at a minimum:... (ix) use the Contract Unit solely for residence by the Participant s Household, and as the Participant s sole residence. Vacating/Abandoning Unit End of month vacated Notice Regulation Citation: 760 CMR 49.03(2)(k). (k) intend to live somewhere other than a contract unit as his/her sole residence. Section 4(b)(iii) The Participant must not:... (iii) be absent from the Contract Unit, with all other household members, for more than 30 days consecutively or collectively (in any 12 month period) or the Contract Unit will be considered abandoned. None. The regulation citation may not be appropriate for all circumstances and should only be used if the Household has established another household elsewhere. If the Household has, for example, left on an extended vacation but plans to return to the unit, the regulation citation does not apply. 7

8 Intentional Damage to Unit Regulation Citation: 760 CMR 49.03(2)(n). (n) be proven to have caused intentional damage to the contract unit in an amount exceeding two months of rent during any one year period. Section 4(a)(iv) The Participant must at a minimum:... (iv) take all steps necessary to insure that the Contract Unit continues to comply with Article II of the State Sanitary Code and any other local health ordinances, and is kept in a decent, safe and sanitary condition. Failure to Report Changes in Income or Household Composition Regulation Citation: 760 CMR 49.05(7)(b)(6) A participant s failure to report either an increase in household income or a change in household size or composition shall be grounds for termination of the participant from the program if such increase or change, if reported, would have resulted in a decreased voucher payment. Section 4(a)(i) The Participant must at a minimum:... (i) report changes in the Household income and/or Household composition to the AA within 30 days of the change. An addition of a Household member, other than through birth, adoption, or court ordered custody, must have prior approval of the AA. Damage must be equal to or greater than the amount of two months of the Contract Rent. Termination under this category also includes unapproved Household members and/or Guests who stay in the unit for more than 30 days in any 12 month period and/or unreported income found via Wage Match. 8

9 Death of Only Household Member Able to File Grievance End of month deceased Notice Regulation Citation: None. Refusing an Offer of Housing (Project Based Only) Regulation Citation: 760 CMR 49.06(5) If a participant residing in a project based unit is no longer residing in an appropriate sized unit due to a decrease in household size, the participant must accept the administering agency s offer of housing assistance, made in accordance with administrative guidance. If the participant refuses the administering agency s offer of housing assistance, the participant s participation in MRVP shall be terminated. None. Section 7(b) If the Participant s Household size changes such that the Contract Unit is no longer appropriately sized for the Household, the Participant must move to the next available state-aided housing that the Administering Agency offers. If the Participant refuses the Administering Agency s offer of housing, the Participant shall be terminated from MRVP. Termination letter shall be addressed to: The Estate of [Name of Head of Household]. A Mobile Voucher that expires shall be considered refusing an offer of housing. 9

10 Voucher Expiration (Mobile Only) Able to File Grievance 120 days; Regulation Citation: 760 CMR 49.07(5) If the participant does not locate a suitable unit within the voucher search period, the voucher will expire, and the participant shall not be entitled to further benefits. Voucher Expiration/No Longer Residing in Unit (Project Based Only) Able to File Grievance No Notice Regulation Citation: 760 CMR 49.06(4)... When a participant chooses or is required to move, the voucher will terminate and the participant shall not be entitled to any MRVP benefits. Voucher Expiration Date Section 7(a) The Project Based Voucher is only valid for as long as the Participant remains an eligible program Participant and is the legal occupant of the above-referenced unit. The AA shall send the Participant written notice 30 days prior to Voucher expiration. If possible, the AA may give notice and/or send a warning letter 10

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