Boston Housing Authority

Policies > Admissions And Continued Occupancy Policy Ch 10: Miscellaneous Provisions

Admissions And Continued Occupancy Policy

Chapter 10:Miscellaneous Provisions

10.1 Deprogramming Apartments

BHA will seek approval from DHCD and HUD prior to deprogramming any apartment in Federal or State-assisted developments/AMPs in accordance with applicable regulations.  A deprogrammed apartment is one that is no longer available for occupancy under a BHA resident lease.

10.2    Supported Housing Programs

10.2.1 Social Service Agreements

1.  At its discretion, and if required with HUD and/or DHCD approval, the BHA may enter into an agreement with social service or other agencies to provide supportive services to Applicants and residents, including targeted populations, who need special help in order to establish and maintain tenancies, provided that evidence exists that the agencies are reliable organizations with experience at providing related services and are fiscally sound.

2.  Assistance required under such agreements shall include, but is not necessarily limited to, the following services:

  • Assistance in evaluating applicants for program participation;

  • Checking to see if the residents are paying their rents and other charges and are properly maintaining their units;

  • Helping residents to maintain their households, including managing their money;

  • Providing specialized supportive services and crisis intervention in order to obtain necessary treatment to avoid eviction action.

3.  All Applicants and residents who participate in these programs must meet the Threshold  Requirements for the program for which they are applying.(See 5.1.2)

4.  All Applicants and residents who participate in these programs must meet the Applicant Screening Criteria as specified in this policy and/or any Memorandum of Agreement between the BHA and the service organization.

10.2.2 Apartment/Development/AMP Designations

Supported Housing Programs may be established for a development/AMP or certain designated apartments within a development/AMP.

10.3  Designated Housing Program (Federal Elderly/Disabled Program only)

10.3.1 Plan Description

The BHA will allocate units in the Elderly/Disabled developments/AMP in order to move towards a ratio of 80% designated to elderly families and 20% to non-elderly disabled families. In order to achieve these percentages additional admission Preference Points will be applied to Elderly and Non-Elderly Disabled Applicants at designated Elderly/Disabled Program developments/AMPs. The Preference Points will be applied when: 1) Applicants who are Elderly and are on an Elderly/Disabled Program development/AMP wait list where the Elderly resident population is less than 80% and who do not require wheelchair accessible units will receive Preference Points in addition to any they may already have and 2) Applicants who are Non- Elderly Disabled and are on an Elderly/Disabled Program development/AMP wait list where the Non-Elderly Disabled resident population is less than 20% and who do not require wheelchair accessible units will receive Preference Points in addition to any they may already have.

Under this Plan, there are times when BHA selects elderly applicants ahead of non-elderly disabled applicants in order to reach agreed-upon percentages in its housing developments. Non-elderly disabled applicants who are bypassed may become eligible for a Section 8 Housing Choice Voucher from a set-aside created by the Designated Housing Plan.

10.3.2 Development/AMP Designation

The BHA will monitor the percentages of elderly and non-elderly disabled households living in each Elderly/Disabled Development/AMP on a monthly basis. When the percentage of elderly households occupying a development/AMP reaches 75%, the development/AMP will be flagged so that each subsequent offer of housing will be reviewed by a Manager in the Occupancy Department.  When the percentage of elderly households occupying a development/AMP reaches 80%, the BHA will turn off Designated Housing preference points to elderly applicant households for this development/AMP. If the percentage of elderly households occupying a development/AMP falls below 80%, the BHA will turn on Designated Housing Preference points to elderly applicant households for this development/AMP. The BHA shall also monitor closely when the percentage of non-elderly disabled households occupying a development/AMP reaches 20%, the BHA will turn off Designated Housing preference points to non-elderly disabled applicant households for this development/AMP. If the percentage of non-elderly disabled households occupying a development/AMP falls below 20%, the BHA will turn on Designated Housing Preference points to non-elderly disabled applicant households for this development/AMP.

10.4  Elderly Preference(State Elderly/Disabled Program only)

Plan Description

1.  General Provisions for Placements

  1. Placements are to be made in elderly/disabled housing to achieve a mixed population of elderly households in 86.5% of the units and handicapped households in 13.5% of the units. The BHA shall place applicants in accordance with 760 CMR 5.10(2) in order to attain or to sustain these percentages. Such placements shall also be made in accordance with any applicable priority and preference categories.

  2. Any accessible or modified unit shall be offered to an applicant household which includes a person, regardless of age, who has a physical handicap which handicap necessitates one or more of the special design features of the unit.

2.  Placements by BHA in Elderly/Disabled Housing. Prior to making a placement in elderly/disabled housing, the BHA shall determine the BHA’s current percentage of c. 667 units occupied by disabled households. In making this determination the BHA shall count all c. 667 units including c. 667 congregate units, c. 667 section 8 new construction or substantial rehabilitation units, c. 667 modified units, and c. 667 conventional units. The BHA shall then place applicants as follows:

  1. If the percentage of units occupied by disabled households is less than 13.5%, the BHA shall place one eligible and qualified disabled household for each eligible and qualified elderly household placed until such time as the percentage of disabled households equals or exceeds 13.5%.

  2. If the percentage of the units occupied by disabled households equals or exceeds 13.5%, the BHA shall place eligible and qualified elderly households until such time as the percentage of disabled households falls below 13.5%.

  3. If the percentage of units occupied by disabled households equals or exceeds 13.5%, but the LHA has exhausted its waiting list of eligible and qualified elderly households, the LHA shall place those eligible and qualified disabled households whose members have attained the age of 50 but are less than 60 years old until such time as the percentage of disabled households falls below 13.5% or until there is an application from an eligible and qualified elderly household.

  4. If the percentage of units occupied by disabled households equals or exceeds 13.5%, and the BHA has exhausted its waiting list of eligible and qualified elderly households and eligible and qualified disabled households whose members have attained the age of 50 but are less than 60 years old, the LHA shall place eligible and qualified disabled households, without regard to age, until there is an eligible and qualified elderly household or, in the absence of such an elderly household, an eligible and qualified disabled household whose members have attained age 50 but who are less than 60 years old.

10.5  Resident Custodians and Special Assignment Laborers

10.5.1  Rules Governing Residency of Resident Custodians and Special Assignment Laborers

Resident custodians and special assignment laborers (BHA employees living in BHA apartments as a condition of employment under a license agreement) must be determined eligible in accordance to the Resident Custodian or Special Assignment Laborer license agreement. They shall not be considered public housing residents. They are not subject to the same requirements (including the waiting list procedure) and do not have the same rights as public housing residents. In particular, they: 

  • Do not have to qualify as a Low Income Household;
  • Are not subject to the BHA's resident selection procedures;
  • Are subject to the Resident Custodian or Special Assignment Laborer license agreement eligibility requirements;
  • May be charged a reasonable rent or may be provided a BHA apartment rent-free;
  • Are not subject to BHA lease and grievance procedures, but have a license agreement for occupancy with the BHA; and
  • Are not entitled to remain in the same apartment in public housing if their employment is terminated, but shall be entitled to apply for public housing.

10.5.2  Admission as Residents

Upon change in status, resident custodians and special assignment laborers may apply to become BHA residents, but may only be admitted to a BHA apartment after they have been determined Eligible and Qualified as defined by the BHA’s ACOP. Upon the successful completion of the final eligibility determination process a housing offer assignment will be made pursuant to the Resident Custodian or Special Assignment Laborer license agreement.10.6  Occupancy by Police Officers (Federal Developments/AMPs Only)

 10.6.1  Definition of Police Officer

For purposes of this subsection, a police officer is defined as a person who is employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments.  An officer of a local police force or an accredited police force of a housing agency may qualify.

10.6.2  Purpose of Policy

In order to increase security for BHA public housing residents, the BHA may allow police officers to reside in a public housing apartment, even if such police officers might not otherwise qualify, based on income, for BHA public housing.

10.6.3  Terms of Tenancy for Police Officers

1.  Occupancy

Police Officers who apply for BHA housing will be subject to the same terms, standards (other than income) and procedures that are applied to all other BHA Applicants.

2.  Verification

Police officers will undergo the same verification procedures applied to other BHA Applicants.  Those procedures are outlined in this Admission and Continued Occupancy Policy.  Screening criteria contained in this policy therefore apply.

3.  Waivers

Police Officers approved for occupancy in BHA apartments will be given a waiver that allows them to be chosen for BHA housing without being placed on the Authority’s waiting list.

4.  Lease

Police Officers shall execute a lease or occupancy agreement with the BHA providing for the terms of occupancy of an apartment.

5.  Annual Re-certification

Continued employment as a police officer as defined in this subsection, will remain a determining factor in the renewal of a Police Officer’s lease or occupancy agreement. Police Officers are therefore required to submit annually to the BHA proof of continued employment as a police officer.

Failure to remain employed as a Police Officer will therefore result in a refusal to renew a Police Officer’s lease or occupancy agreement.

6.  If a person is no longer a Police Officer, but meets the BHA eligibility standards, the Police Officer may apply for admission as a BHA resident.

10.6.4  Apartments to be Occupied by Police Officers

The BHA will offer apartments to Police Officers based upon BHA-determined security needs.  In no event shall the number of apartments allotted for Police Officers exceed one Police Officer per development/AMP with more than 100 apartments but less than 500 apartments, and not more than two Police Officers for any development/AMP with over 500 apartments. 

10.7  Pet Policy

BHA residents may have pets, in accordance with the BHA’s current Pet Policy for the specific development(s)/AMP(s) at which they select to live. In state-aided housing, this policy requires the approval of DHCD.

10.8  Waiver Provision

The Director of Occupancy may recommend and the Administrator, or his/her designee who shall be a senior management employee, may approve a waiver of any provision of this policy not required by law if the waiver of such provision would avoid substantial hardship or substantial injustice to an Applicant or a transfer applicant. In each such case a written report must be filed by the Director of Occupancy, and approved by the Administrator or his/her designee.  These reports (if any) shall be available to HUD and DHCD on a quarterly basis.  Further, copies of these reports (if any) with names and other identifying references deleted shall be available for public inspection, upon request.  No waiver shall be in violation of Chapter 1, Section 1.1 of this ACOP.  Examples of situations in which a waiver may be requested and approved include but are not limited to: individuals with a potentially terminal illness, for example, AIDS, who are experiencing a housing crisis, a Household which must abandon its current housing in a distant location in order to relocate to Boston so that a seriously ill Household Member can receive specialized medical treatment available at a Boston area medical facility.

Revision date:  8/13/14