Boston Housing Authority

Policies > Admissions And Continued Occupancy Policy Ch 8: Residual Tenancy

Admissions And Continued Occupancy Policy

Chapter 8:Residual Tenancy

A remaining member(s) of a resident Household may apply to become a BHA resident as a Residual Tenancy Applicant, in the event of the death, departure or incapacity of the Head of Household.   The Residual Tenancy Application will only be approved by the BHA if the Residual Tenancy Applicant including all Household Members meet the criteria below.

8.1  Qualifications for Residual Tenancy

8.1.1

In order to assume the status of a resident under this policy, the Residual Tenancy Applicant must be:

1.  An adult who has been a recorded member of a resident  Household on the most current lease or Tenant Status Review form and whose income has been recorded and considered in the rent computations during the period of his/her occupancy unless he/she was without income or was a full-time student.

OR

2.  In the event the remaining member(s) of the resident Household consist only of minor children, the applicant must be an   adult who, prior to entering into a lease has been appointed either a temporary or permanent guardian, or is the natural parent of one or more household members, and is willing to assume responsibility for the apartment and the household   and is willing to enter into a lease.

OR

3.  In the event the Residual Tenancy Applicant is an incapacitated adult who is unable to fulfill the responsibilities in the lease, the Applicant must be an adult who has been appointed either a temporary or permanent guardian, and is willing to assume responsibility for the apartment, and willing to enter into a lease.

AND

4.  The Applicant and Applicant’s Household, if any, for Residual Tenancy status must meet the eligibility requirements for Applicants as set forth in the Admissions and Continued Occupancy Policy (ACOP) or any successor plan.

8.1.2  Divorce, Separation or Protective Order

In the event of divorce, separation, submission of the 14 day victim certification as required by the BHA’s Violence Against Women Act (VAWA) policy, or a protective order issued by a court under Chapter 209A, the person(s) identified as the “victim” will be permitted to apply as a Residual Tenancy Applicant to become a resident provided he or she otherwise qualifies under this policy. Person(s) not so designated may not apply as a Residual Tenancy Applicant.

8.2  Residual Tenancy and Income

Individuals applying for residual tenancy status will not be found ineligible based on income exceeding the eligibility limits for Applicants for admission to public housing.

8.3  Rent During Use and Occupancy Period

Pending a decision on the request for residual tenancy status, the Residual Tenancy Applicant will be required to pay a monthly use and occupancy charge.  The charge shall be calculated pursuant to Federal and State regulations for all remaining Household Members.  The Use and Occupancy Agreement shall permit the occupant to occupy the apartment pending determination of the Residual Tenancy Application without being permitted to sign a BHA standard dwelling lease.

8.4  Limitations of Policy

Remaining members of a resident household will not be considered for residual tenancy, if the departing or incapacitated Head or Co-Head of Household is relocating to another BHA apartment or BHA Leased Housing, is relocating to another subsidized or non-subsidized apartment, is purchasing a home,    is under eviction for non-payment of rent or for cause, or vacates with an outstanding balance due to the BHA.  (A resident shall be regarded as being under eviction if, after a private conference, the Manager has decided to proceed with eviction and the Manager's decision has not been overturned by the BHA tenant grievance process.)  The limitations of this paragraph may not be applicable to remaining household members who were victims of domestic violence by the former Lease Holder(s). Verification of such situation shall be provided with the Application and during the screening process.
  
Approval of residual tenancy shall be conditional on the remaining members of a resident household being properly housed. Where applicable, any approved applicant for residual tenancy shall remain under a Use and Occupancy Agreement and will not sign a BHA standard dwelling lease until such time as they are transferred to an appropriately sized unit. Refusal to transfer to an appropriately sized unit shall be considered a violation of this policy and will cause the revocation of the conditional approval of residual tenancy.

8.5  Residual Tenancy – Right of Appeal

A Residual Tenancy Applicant who disagrees with a Residual Tenancy application decision made by the BHA can request a Grievance hearing pursuant to the BHA' Tenant Grievance Procedures.


Revision date:  September 19, 2016