Introduction
Site Description
Management Staff
Resident Services
Unit Description
Program Eligibility Requirements
Determination of Eligibility and Occupancy
Marketing and Outreach
Waiting List
Applications
Reasonable Accommodation
Conditions
Grievance Hearing Policy
Continued Occupancy Requirements
Lease Addendum

Introduction:

The extended family has long been an American staple with as many as four generations living in a home. Today the family has taken on a new face; namely, grandparents raising grandchildren for absent parents who are unable or unwilling to perform the task.

At the Boston Housing Authority (BHA), we have seen a dramatic increase in the number of children living with a grandparent. When this occurs, there are multitudes of issues that arise. Of primary concern is overcrowding, since the grandparents may be living in a studio or small one-bedroom unit. Often the neighbors, who are predominantly elderly, have a low tolerance for the youthful exuberance of the children who may be living next door. It is not uncommon to hear an elderly person state that they moved to elderly/disabled housing for the peace and quiet.

Recognizing the need to provide housing specifically for grandparents who have legal custody of their grandchildren, the BHA has converted 32 uninhabited one-bedroom units at the Franklin Field Elderly/Disabled development into 15 two-bedroom units and a wheelchair accessible management/resident services office. There are 12 townhouse units, 2 single-level units and 1 wheelchair accessible unit.

Site Description:

The Franklin Field Elderly/Disabled development is located on the grounds of the Franklin Field Family development in the Dorchester section of Boston on Ames and Stratton Streets. The development is adjacent to Franklin Field park. Currently there are forty-six units for the elderly and disabled. Amenities include a community building with on-site laundry; and a task force elected by the residents that organizes activities and represents the residents at various meetings and functions. There is a community garden and also under discussion is the creation of play areas for children. The community offers a number of attractions including the Franklin Field Tennis Club; an MBTA bus stop inside the development; the Mattapan Square shopping area, which is a short ride up Blue Hill Avenue; churches of all denominations; community agencies and healthcare resources.

Management Staff:

On-site management/social service staff consists of a live-in resident custodian, a manager and a management aide. The manager and management aide are available Monday through Friday.

Resident Services:

Support services are provided (see attached resident services description). There is an on-site part-time resident services grandparent coordinator 20 hours per week. In addition, is a BHA resident services coordinator at the site 20 hours per week. Client specific services are offered and residents are encouraged to take advantage of the support services available in the program.

Unit Description:

There are 12 townhouses, 2 single-level units and a wheelchair accessible unit. Each unit has 1000 square feet of living space and includes two bedrooms, a kitchen, living room, and dining room. The townhouses have a full and half bath. The master bedroom and full bath in each apartment have emergency pull cords. Washer and dryer hookups are available in each unit.

Program Eligibility Requirements:

I. Age: Sixty for elderly head or co-head or disabled head or co-head.

II. Occupancy Standard: Household composition must be appropriate for a two-bedroom unit. Household to consist of grandparent(s) with permanent custody of no more than two minor grandchildren or one minor grandchild and one non-minor grandchild who qualifies as a full-time student as defined by state regulations. No parents of the grandchildren may be members of the household. Grandchildren over the age of six sharing a bedroom must be of same sex. Children of same sex with an age difference of more than 10 years may not share a bedroom. No unit size waivers of occupancy standard will be granted.

III. Program Eligibility: Must be current BHA resident household or new Applicant household consisting of grandparent(s) with permanent custody of minor grandchildren whose household composition requires placement in a two bedroom unit. Household composition must comply with the occupancy standards established for the Grandparents Housing Program as outlined above. The following are the requirements and screening criteria for:

1. New or Current Applicants must meet all requirements as defined by the Tenant Selection, Assignment and Transfer Plan (TSATP) or its successor plan including but not limited to:
   1. Must be income eligible for the state-assisted housing program.
   2. Demonstrate ability to meet financial obligations for shelter and utilities in a timely manner. Pattern of timely rent payment which will be considered met, if the rent was never more than 30 days overdue in the past 18 months and over five days late no more than three occasions.
   3. Demonstrate ability to abide by lease terms and to get along with neighbors and landlord. Within the last 18 months, there were no more than two formal private conferences where the landlord and/or housing manager determined there was substantial cause to believe the tenant’s behavior could constitute a lease violation if not corrected or two notices to quit. Not currently involved in eviction proceedings for lease violations.
   4. Demonstrate ability to take proper care of dwelling unit such as good housekeeping habits and no destruction of property.
   5. The head of household and other household members are not or have not been engaged in any criminal activity which would adversely affect the health and safety of other residents.
   6. Within the last five years there has been no credible information based on investigations conducted by the BHA Public Safety Department and/or Office of Civil Rights, HUD’s Office of Fair Housing and Equal Opportunity, the Massachusetts Commission Against Discrimination, the Boston Fair Housing Commission, the Boston Police Department or a court of competent jurisdiction, indicating discriminatory acts in violation of statutes, rules, or regulations enforced by such agencies,courts, or departments on the part of any member of the current applicant household.
2. Current BHA residents (who are in good standing):
   1. Current in rental payments;
   2. Pattern of timely rent payment which will be considered met if the rent was never more than 30 days overdue in the past 18 months and over five days late on more than three occasions;
   3. Within the last 18 months, there were no more than two formal private conferences where the housing manager determined there was substantial cause to believe the tenant’s behavior could constitute a lease violation if not corrected;
   4. Not currently involved in eviction proceedings for lease violations;
   5. Within the last five years there has been no credible information based on investigations conducted by the BHA Public Safety Department, Office of Civil Rights, HUD’s Office of Fair Housing and Equal Opportunity, the Massachusetts Commission Against Discrimination, the Boston Fair Housing Commission, the Boston Police Department or a court of competent jurisdiction, indicating discriminatory acts in violation of statutes, rules, or regulations enforced by such agencies,courts, or departments on the part of any member of the current tenant household.

Determination of Eligibility and Occupancy:

Eligibility:

All applicants must meet the program and screening eligibility criteria of this program and the TSATP or its successor plan. All applicants will receive a written "Notice of Eligibility," "Withdrawal or Ineligibility." Such notice will state the outcome of the screening process, list the reasons for any adverse action by the BHA and advise the applicant of their rights to appeal this decision under the BHA’s grievance hearing policy and/or informal hearing process.

Occupancy:

Offers of housing will be made to applicants in the order in which they appear on the waiting list by application date and time receipt and who have been determined to have final eligibility for the program. The Grandparents Housing Program will not consider priority and/or preference status when ranking applicants on its waiting list. Applicants may also apply to other BHA housing programs simultaneously and they will be ranked on each waiting list accordingly.

During the initial lease up of these units, sixty percent of the units were be designated for offer to current BHA households who qualify for the program. If a vacancy existed and there is no such qualified current BHA household on the waiting list, the BHA offered the unit to the next qualified applicant on the waiting list. Forty percent of the units were offered to applicants who qualify for the program. The two-bedroom wheelchair accessible unit will be offered to the first qualified household on the wheelchair accessible waiting list according to the application date and time receipt.

Future vacancies will be filled by the remaining qualified households on the waiting list in the order in which they appear on the list by application date and time receipt. Given the limited number of units allocated to the Grandparents Housing Program and that this is a unique housing program tailored to assist grandparents equally, the BHA will not consider priority and/or preference status when ranking applicants on its waiting list.

If at any time, there exists no qualified household on the waiting list and a unit has been vacant for a period of 30 days, the BHA may offer the unit to a household who qualifies for a two-bedroom unit in its Elderly/Disabled Housing Program. This will only be done after extensive outreach to local churches, social service agencies and organizations in search of a qualified household for the program.

Marketing/Outreach:

An announcement will be placed in local Boston newspapers including but not limited to the Boston Banner, El Mundo, the Sampan, and Boston Seniority. A letter explaining the program will be sent to local elected officials, civic organizations, social service organizations and churches. We will also include a brochure to enhance our marketing effort.

Waiting List:

The BHA lists all applicants on the waiting list by date and time of receipt of application. The BHA will maintain this waiting list in accordance with all BHA regulations and state laws and policies on admission to the state-assisted public housing program.

Applications:

Applications for this program are available at the John F. Murphy Housing Service Center (56 Chauncy Street in Downtown Crossing). To apply visit Information on Grandparents Housing Program.

Reasonable Accommodation:

The BHA shall make reasonable accommodations in policies and procedures and, if necessary and reasonable, make certain structural modifications for persons with disabilities in accordance with the BHA’s "Reasonable Accommodation in Housing Policy."

Orientation:

An extensive orientation will be held with all selected families prior to date of occupancy to discuss the program’s rules, regulations and expectations.

Conditions: In order for applicants on the waiting list to remain eligible for a unit, the applicant must continue to be in good standing and meet all program and screening eligibility requirements at the time of the offer.

Grievance Hearing Policy:

Tenants:

Any tenant who believes himself/herself to have been aggrieved by any action, inaction, or decision of the BHA in the processing of his/her application shall have the right to an appeal hearing in accordance with the BHA Grievance Hearing Policy.

Applicants:

1. Right to an informal hearing: Applicants who are determined ineligible for admission, issued a "Notice of Withdrawal," denied "Good Cause" or whose name is dropped to the bottom of the waiting list by the BHA will be sent a notice that:
   1. Informs the Applicant of the reason(s) for ineligibility, withdrawal, denial of "Good Cause" or why his or her name was dropped to the bottom of the waiting list;
   2. Advises the applicant of his or her right to contest the decision in an informal hearing provided a request for a hearing is received within twenty calendar days of the date the "Notice of Adverse Action" is issued. Such request must be in writing and must state clearly the basis for requesting the informal hearing and be sent to the address provided on the notice;
   3. Advises the applicant of his or her right to contest credit report information and/or CORI information in accordance with federal and/or state law if that is the basis for determination of ineligibility.
   4. Advises the applicant that if he or she has a disability, not previously disclosed, that the disclosure of such condition would lead to the consideration of mitigating circumstances and/or a reasonable accommodation, if it is related to the disability. Advises the applicant that if he or she requests a reasonable accommodation at the time of or after requesting an informal hearing, the decision regarding the accommodation will be made by the hearing officer.
   5. Provides a description of BHA's informal hearing process and advises applicants that they have the right to be represented by an attorney or other individual at the informal hearing, review the contents of their file in advance of the hearing, the right to submit additional documents and evidence and to testify at the hearing, the right to request reconsideration and for applicants to a state-aided program, the right to request a review of the decision by the Massachusetts Department of Housing and Community Development.
2. Scheduling the informal hearing: Upon receipt of the applicant's written request, staff in the BHA Office of Civil Rights shall schedule an informal hearing. The hearing shall be scheduled within a 30-day period following the receipt of the applicant's request for an informal hearing unless postponed for “Good Cause” [see 760 CMR 5.13(l)(d)]. A “Notice of Informal Hearing” shall be sent by the BHA Office of Civil Rights to the applicant’s address of record listing the date, time and place of the hearing. The notice shall also restate the applicant’s rights to present evidence and testify, review their file, request a reasonable accommodation or interpreter and be represented by an attorney or other individual at the hearing. The hearing shall be held at a convenient time and at an accessible location for the applicant and the BHA. If an applicant requests a reasonable accommodation at the time of or after requesting an informal hearing, the decision regarding the accommodation will be made by the hearing officer.
3. Applicant rights during the informal hearing: During the hearing, the BHA will put forth its evidence in support of a "Determination of Ineligibility," "Withdrawal," "Denial of Good Cause" or the basis for dropping an application to the bottom of the waiting list. The applicant will be afforded an opportunity to present evidence and testimony rebutting the basis for the BHA’s determination.
4. Due process requirements: The informal hearing will conform to the following due process requirements:
   1. If the applicant requests, the BHA employee who made the decision must be present to provide available facts, and to be questioned, if still a BHA employee.
   2. An employee of the authority who did not participate in the original decision must conduct the hearing.
   3. The decision must be based solely on evidence presented at the hearing as well as any evidence previously received by the BHA. All evidence submitted at the hearing shall be considered de novo, and the matter shall not be sent back to the Occupancy Department for reconsideration due to submission of new evidence.
   4. The applicant and/or his or her representative has a right to inspect the file prior to the hearing, provided the applicant provides BHA with written authorizations permitting the representative to have access to the contents of the applicant's file including CORI information.
   5. Either the applicant or the BHA may request after close of the hearing that the record remain open for submission of new or rebuttal evidence. The hearing officer shall designate a date by which the record shall be closed and may extend it for good cause. The applicant shall receive notice in writing of the date on which the record will close and of any extension. If BHA wishes to consider additional evidence not submitted at the hearing or submitted after the hearing, it shall give written notice to the applicant with an opportunity to review such evidence and a reasonable period for the applicant to respond.
5. Informal Hearing Decisions: After the informal hearing, all applicants will be sent a “Informal Hearing Decision” from the BHA hearing officer. This notice shall:
   1. Provide a summary of the hearing;
   2. Provide the decision of the hearing officer, together with findings and determination;
   3. Provide an explanation of the regulations and/or other applicable provisions utilized in making the decision;
   4. Explain the rights of the applicant to seek reconsideration by the BHA within 14 days of the decision;
   5. Explain the rights of an applicant to a state-aided program to request a review of the decision by the Massachusetts Department of Housing and Community Development within 21 calendar days of the decision or decision on reconsideration pursuant to 760 CMR 5.13(4).
   6. All informal hearing decisions shall be made within 15 working days of the close of the hearing or the record, whichever is later.
6. Reversal of BHA's "Determination of Ineligibility," "Application Withdrawal," "Denial of Good Cause" or placement of the applicant’s name at the bottom of the waiting list.
   1. If, as a result of information presented by the applicant at the informal hearing, the BHA reverses its decision to reject the applicant, no new application is required and the application will be returned to its appropriate place on the waiting list using the original date and time of application.
   2. If the BHA reverses its decision to withdraw the applicant, the process described above will repeat.
   3. If the decision to deny "Good Cause" or dropping the applicant’s name to the bottom of the waiting list is reversed, the applicant’s position on the waiting list will be restored in accordance with the determination.
7. Confirmation of the BHA's "Determination of Ineligibility," "Application Withdrawal," "Denial of Good Cause" or dropping the applicant’s name to the bottom of the waiting list
   1. If the decision or an appeal upholds the determination of ineligibility, the applicant may submit a new application for admission at a time when the waiting list is open but no earlier than 18 months after the decision of ineligibility is confirmed. This period of time may permit the applicant and/or household member to correct the behavior or situation that resulted in rejection. A shorter period, as determined by the authority, to be appropriate under the circumstances of the rejection, or any new application, may be allowed.
   2. Applicants who are withdrawn may submit a new application at any time provided the waiting list is open.
   3. Applicants denied "Good Cause" may reapply at any time provided the waiting list is open.
   4. Applicants who are dropped to the bottom of the waiting list have no recourse other than a request for reconsideration, or if applicable, an appeal to the Massachusetts Department of Housing and Community Development.

Continued Occupancy Requirements:

BHA residents housed in the Franklin Field Elderly/Disabled Grandparents Housing Program must continue to meet the occupancy standard as defined above. If the household composition changes and no longer meets the program’s occupancy standard criteria, the household will be required to transfer, through an administrative transfer, to another BHA unit of appropriate size and type. The resident will have the opportunity to select up to three developments where he or she would like to be transferred. He or she will be housed in the first available unit within the selected development(s). If the bedroom size required is two, one of the choices must be within the family housing program. If the bedroom size required is three or more, the resident may be transferred only within the family housing program.

The Lease Addendum:

Grandparents Housing Program participants must sign a lease addendum with the BHA providing for special provisions related to the program (see continued occupancy requirements).