Boston Housing Authority

Policies > Section 8 Admin Plan Ch 18: Glossary

Section 8 Admin Plan

Chapter 18:Glossary

1937 Act - 1937 Act means the United States Housing Act of 11037 (42 U.S.C. § 1437 et seq.).
 
Absence – Means that no member of the Family is residing in the Unit.
 
Absorption - In Portability, the point at which a Receiving Housing Authority stops billing the Initial Housing Authority for assistance on behalf of a portable Family.
 
ACC reserve account (Project Account) - The account established and maintained in accordance with 24 C.F.R. § 882.403(b). 
 
Adjusted Annual Income - Annual Income of all family members, as verified by the BHA, after deductions, exceptions and exclusions are made with respect to each of the members of the Family to determine initial and continued program eligibility.
 
Administrative Fee - Fee paid by HUD to the BHA for the administration of the program.
 
Administrative Plan - This plan that describes the BHA policies for the administration of the HCVP.
 
Administrator  - The chief executive officer of the BHA.
 
Admission - The point when the Applicant Family becomes a Participant in the program.  In a tenant-based program, the date used for this purpose is the effective dated of the first HAP Contract for a Family (first day of initial Lease term).
 
Adult - A Family Member who is 18 years or older, or who is the Head of the Household, or spouse, or Co-Head.
 
Agency Determination Form - The form used by the BHA to calculate the term of the Voucher and notify the Applicant or Participant of any Suspension period due to the submission of a RTA or and Extension granted by the BHA.
 
Agency Plan - The BHA Agency Plan is a comprehensive guide to BHA policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the BHA Plan: the Five-Year Plan, which the BHA submits to HUD once every fifth year, and the Annual Plan, which is submitted to HUD every year.
 
Agreement to enter into Housing Assistance Payments Contract (AHAP) - A written agreement between the Owner and the PHA that, upon satisfactory completion of the rehabilitation in accordance with requirements specified in the AHAP, the PHA will enter into a Housing Assistance Payments Contract with the Owner.
  
Annual Contributions Contract (ACC) - The written contract between HUD and a housing authority under which HUD agrees to provide funding for a program under the HCVP, and the BHA agrees to comply with HUD requirements for the program. 
 
Annual Income -  
 
(a)        Annual income means all amounts, monetary or not, which:   

(1)        Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
   
(2)        Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and
                       
(3)        Which are not specifically excluded in paragraph (c) of this definition.
           
(4)        Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. 

(b)        Annual income includes, but is not limited to (See 24 C.F.R. § 5.609): 

(1)        The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services;
           
(2)        The net income from the operation of a business or profession.  Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income.  An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
 
(3)        Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income.  An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this definition. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family.  Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;
   
(4)        The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this definition);
           
(5)        Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this definition);
   
(6)        Welfare assistance payments. 

(i)         Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:

(A)       Qualify as assistance under the TANF program definition at 45 C.F.R. § 260.31; and

(B)       Are not otherwise excluded under paragraph (c) of this section.   

(ii)        If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:   

(A)       The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
   
(B)       The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.   

(7)        Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling;
   
(8)        All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section) 

(c)        Annual income does not include the following: 

(1)        Income from employment of children (including foster children) under the age of 18 years;
 
(2)        Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone);
 
(3)        Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section);
 
(4)        Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
   
(5)        Income of a Personal Care Attendant, as defined in section 5.4.2 of this Administrative Plan;
   
(6)        The full amount of student financial assistance paid directly to the student or to the educational institution;
 
(7)        The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;
                 
(8)       

(i)         Amounts received under training programs funded by HUD;
 
(ii)        Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);
   
(iii)       Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
 
(iv)       Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or Owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time;   
 
(v)        Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;   

(9)        Temporary, nonrecurring or sporadic income (including gifts);
   
(10)      Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;
   
(11)      Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
   
(12)      Adoption assistance payments in excess of $480 per adopted child;
    
(13)      Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts.
   
(14)      Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;   
 
(15)      Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or
   
(16)      Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 C.F.R. § 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing Owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. 

(d)        Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.
 
Apartment - Residential space for the private use of a Family. Also referred to as a Unit.
 
Applicant (Applicant Family) - A Family that has applied for Admission to a program but is not yet a Participant.
 
Assets - Assets generally means cash which is accessible to a person including: checking and savings accounts, stocks, bonds, equity in real property, and the cash value of tangible personal property such as furniture, automobiles and household effects. (Certain types of tangible personal property are included, such as coin collections or jewelry, but essential tangible personal property reasonably necessary for everyday living, such as furniture and automobiles are not included. For included real or personal property holdings, the value of the asset is the cash amount that would remain if the resident converted the asset to cash and deducted any outstanding mortgages, liens or selling expenses.)[1] 
 
Assisted Lease (Lease) - A written agreement between an Owner and a Family for the leasing of a dwelling Unit to the Family.  The Lease establishes the conditions for occupancy of the dwelling Unit by a Family with Housing Assistance Payments under a HAP Contract between the Owner and the housing authority.
 
Area Median Income (AMI) - The median income of the greater Boston area as determined by HUD.
 
Base Rent - The base rent is calculated using the rent charged for the Unit or the estimated costs to the Owner of owning, managing and maintaining the rehabilitated unit.
 
Bedroom Size – See Unit Size.
 
Child - For purposes of Citizenship regulations, a member of the Family other than the Family head or spouse who is under 18 years of age.
 
Child Care Expenses  - Amounts anticipated to be paid by the Family for the care of children under I3 years of age during the period for which Annual Income is computed, but only where such care is necessary to enable a Family member to actively seek employment, be gainfully employed, or to further his or her education, and only to the extent such amounts are not reimbursed.  The amount deducted shall reflect reasonable charges for childcare. In the case of childcare necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.
 
Citizen - A Citizen or National of the United States.
 
Co-Head of Household - A person who, with the Head of Household, assumes the responsibility and accountability for the Family and signs the Lease.  The Co-Head of Household is equal to and has the same rights and responsibilities as the Head of Household.
 
Congregate housing - Housing for Elderly or persons with disabilities that meets the HQS for congregate housing.
 
Consent Form - Any Consent form approved by HUD to be signed by assistance Applicants and Participants for the purpose of obtaining income information from employers and SWICAs, return information from the Social Security Administration, and return information for unearned income from the Internal Revenue Service. The Consent forms may authorize the collection of other information from assistance Applicants or Participant to determine eligibility or level of benefits.
 
Continuously Assisted - An Applicant is Continuously Assisted under the 1937 Housing Act if the Family is already receiving assistance under any 1937 Housing Act program when the becomes a Participant in the HCVP.   Brief interruptions in assistance caused by transitioning from one form of assistance under one 1937 Act program to another will not be considered to break the continuity of assistance where the reason for the transition was through no fault of the family, including but not limited to, the expiration of a HAP Contract for a project-based development or termination of a HAP Contract for Owner breach or other extenuating circumstances.

Contract - See definition of Housing Assistance Payments Contract.
 
Contract Rent - The monthly rent payable to the Owner under the Lease and any amendments.  The Contract Rent covers payment for any housing services, maintenance, and utilities that the Owner is required to provide and pay for.

Cooperative - Housing owned by a non-profit corporation or association, and where a member of the corporation or association has the right to reside in a particular Apartment, and to participate in management of the housing.

Cooperative Member - A family of which one or more members owns Membership Shares in a Cooperative.
 
Covered Person – A Tenant, any member of the Tenant’s household, a guest or another person under the Tenant’s control.
 
Dating Violence - Violence committed by a person:
 
(a)        Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
 
(b)        Where the existence of such a relationship shall be based on a consideration of the following factors:

(1)        The length of the relationship;

(2)        The type of the relationship; and
 
(3)        The frequency of interaction between the persons involved in the relationship. 

Dependent - A member of the Family (except foster children and foster adults) other than the Head of Household, Co-Head of Household, spouse, or Emancipated Minor who is under 18 years of age, or is a Disabled Person, or is a Full-time student.
 
Disabled Family - A Family whose head, spouse, or sole member is a Disabled Person; or two or more Disabled Persons living together; or one or more Disabled Persons living with one or more Personal Care Attendants
 
Disabled Person - For program eligibility, a person who is under a disability as defined in Section 223 of the Social Security Act (42 U.S.C. § 423).
 
For Eligibility in Federally-Assisted Housing – A person who:
 
(i)         Has a disability defined as an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or, in the case of a person who has attained the age of 55 and is blind, the inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he or she has previously engaged with some regularity and over a substantial period of time, or
 
(ii)        Has a physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration, which substantially impedes his or her ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions, or
 
(iii)       Has a developmental disability which is a severe, chronic disability of an individual 5 years or older which is attributable to a mental or physical impairment or combination of impairments and which is manifested before the age of 22 and is likely to continue indefinitely and which results in substantial functional limitations in three or more of the following areas of major life activity (self-care; receptive and expressive language; learning; mobility; self-direction; capacity for independent living and economic self-sufficiency), and which reflects the individual’s need for assistance that is lifelong or of extended duration and is individually planned and coordinated. Such term shall not exclude persons who have the disease acquired immunodeficiency syndrome (“AIDS”) or any conditions arising from the etiologic agent for AIDS.
 
For all purposes other than Eligibility, a person with a physical or mental impairment which substantially limits one or more life activities, or has a record of such impairment, or is regarded as having such an impairment.
 
•           No individual shall be considered a person with a disability solely because of drug or alcohol dependence.
 
Displaced Person - A person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws.”  See also 24 C.F.R. § 5.403’s definition of “displaced family.”
 
Domestic Violence – Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the Massachusetts or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. The BHA will form its Domestic Violence policies in accordance with federal, State and local laws.     
 
Domestic Violence (for Priority Determination) - Continuing actual or threatened physical violence (including sexual abuse) directed against one or more of the Household Members by another Household Member or by a non-Household Member.
 
Domicile - The legal residence of the Family as determined in accordance with State and local law.
 
Drug – A controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802).
 
Drug Related Criminal Activity - Illegal use of a controlled substance, and the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use, of a controlled substance.
 
Elderly Person - A person who is at least sixty-two (62) years of age.
 
Eligible Non-Citizen Status - The admittance of a Non-Citizen to the United States under one of the following categories:
 
(1)               A Non-Citizen lawfully admitted for permanent residence as an immigrant as defined by sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(15) and 8 U.S.C. § 1101(a)(20)), excluding, among others, Non-Citizen visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country;
 
(2)               A Non-Citizen who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 249 of the Immigration and Nationality Act (8 U.S.C. § 1259) [8 U.S.C. § 1259];
 
(3)               A Non-Citizen who is lawfully present in the United States pursuant to an Admission under section 207 of the Immigration and Nationality Act (8 U.S.C. § 1157) or pursuant to the granting of asylum (which has not been terminated) under section 208 of such Act (8 U.S.C. § 1158);
 
(4)               A Non-Citizen who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. § 1182(d)(5))
 
(5)               A Non-Citizen who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to section 243 (h) of the Immigration and Nationality Act (8 U.S.C. § 1253(h));
 
(6)               A Non-Citizen lawfully admitted for temporary or permanent residence under section 245A of the Immigration and Nationality Act (8 U.S.C. § 1255a).
 
Emancipated Minor - Minor (under 18 years old) with a child who has otherwise established him/herself as a non-Dependent individual.  
 
Extremely Low-Income Families - Those families whose incomes do not exceed thirty percent (30%) of the median income for the area, as determined by HUD with adjustments for smaller and larger families.
 
Fair Housing Act - Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.).
 
Fair Market Rent (FMR) - The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. FMRs are published periodically in the Federal Register.
 
Family
 
(1)        Two or more persons regularly living together, related by blood, marriage, adoption, guardianship or operation of law; or who are not so related, but share income and resources and intend to live together;
 
(2)        This definition includes single persons.[2]
 
(3)        Other persons, including foster children, Personal Care Attendants[3], and members temporarily absent (including children temporarily assigned to foster care[4]), may be considered a part of the household if they are living or will live regularly with the Household.
 
Family Break-Up - A Family Break-Up occurs when there one or more adult Household Members will no longer reside together and there is a dispute as to whom the subsidy will remain with. A Family Break-Up situation may often occur in instances including but not limited to: divorce, separation, or protective order. When a Family Break-Up occurs, the HCVP assistance does not necessarily remain with the Head of Household.  Any adult Household Member, Emancipated Minor, or adult assuming responsibility for one or more minor family members could retain the HCVP Assistance.
 
Family Composition – See Household.
 
Family Self-Sufficiency Program (FSS Program) - The program established by the BHA to promote self-sufficiency or assisted families, including the coordination of supportive services (42 U.S.C. § 1437u).
 
FSS Contract - The FSS Contract includes the effective date, term, responsibilities of the Family and BHA and provisions for establishing an escrow account.
 
FSS Coordinator - The BHA employee that oversees Participants in the FSS program. 
 
Family Share - The portion of rent and utilities paid by the Family or the Gross rent minus the amount of the Housing Assistance Payment.
 
Family Unit Size - The appropriate number of bedrooms for a Family as determined by the housing authority under the BHA’s Subsidy Standards.
 
Full-Time Student - A person who is carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended.  An educational institution shall include but not be limited to: college, university, secondary school, vocational school, or trade school.
 
Good Cause - A set of standards used by the Authority to determine the need for and special offer of housing in order to avoid a verifiable hardship.  The basis for the special offer must be reliably documented and cannot result in discrimination on the basis of race, color, sex, sexual orientation, ethnicity, religion or national origin or handicap or disability.
 
Gross Rent - The sum of the rent to the Owner plus any utility allowances.
 
Group Home - A dwelling Unit that is licensed by a State as a Group Home for the exclusive residential use of two to twelve persons who are Elderly or persons with disabilities (including any PCA).
 
Head of Household - The Family member who assumes the responsibility and accountability for the Household and signs the Lease.

Home - In the homeownership option: A dwelling Unit for which the BHA pays homeownership assistance.

Homeless - A Household lacks a fixed, regular and adequate nighttime habitation OR the primary nighttime dwelling is one of the following:

(a)               A supervised public or private shelter designed to provide temporary living accommodations (includes welfare hotels, congregate shelters and transitional housing);
 
(b)               A public or private place not designed for, or ordinarily used as, a regular sleeping place for human beings.

Homeowner - In the homeownership option: A Family of which one or more members own title to the Home.

Homeownership Expenses - In the homeownership option: A Household's allowable monthly expenses for the home, as determined by the PHA in accordance with HUD requirements.

Homeownership Option - Assistance for a Homeowner or Cooperative Member under 24 C.F.R. § 982.625 to 24 C.F.R. § 982.641. 

Household (Family Composition) - All persons residing in an Apartment who are listed on the HUD 50058 as Household Members.  The Household may include an approved PCA, who resides in the Apartment.
 
Household Member - A person residing in an Apartment who is listed on the HUD 50058 form as a Household Member.  A Household Member may be an approved PCA who resides in the Apartment.  Household Members are listed on the HUD-50058.
 
Housing Assistance Payment (HAP) - The monthly assistance by the BHA or another housing authority paid to the Owner in accordance with the HAP Contract.
 
HAP Contract - The contract that governs the monthly assistance paid by the BHA to the Owner.
 
Housing Quality Standards (HQS) - The HUD minimum quality standards for housing assisted under the Section 8 program.
 
Housing Choice Voucher - A document issued by the BHA to an eligible Applicant selected for admission to the HCVP or issued to a Participant during a relocation process. This document describes the program what the eligible Applicant must do to Lease an Apartment. The Voucher also states the obligations of the Family under the program.  No Housing Choice Voucher will be effective for more than 120 days.
 
Housing Choice Voucher Holder - An Applicant or Participant Family that has an unexpired Housing Choice Voucher.
 
Housing Choice Voucher Program (HCVP) - The program that HUD pays rental subsidies so eligible families can afford decent, safe, and sanitary housing. 
 
HUD (U.S. Department of Housing & Urban Development) - The federal department responsible for the Section 8 and public housing program as provided for in the 1937 Housing Act. 
 
Immediate Family Member (for definition of Stalking) – A person who is:
 
(a)               A spouse, parent, brother, sister, or child of that person, or an individual to whom that person stands in loco parentis; or
 
(b)               Any other person living in the household of that person and related to that person by blood or marriage.
 
Imputed Welfare Income - The amount of Annual Income not actually received by a Family, as a result of a specified welfare benefit reduction, that is nonetheless included in the Family’s Annual Income for the purposes of determining rent.
 
Individual Training and Service Plan (IT&SP) - The FSS Coordinator uses the needs assessment to develop an Individual Training and Service Plan (IT&SP) for the tenant.  This IT&SP breaks the large goal of self-sufficiency into smaller interim goals and outlines the activities and services necessary, along with an estimated time frame to achieve FSS program goals.  
 
Initial Housing Authority - In Portability both: (1) a housing authority that originally selected a Family that later decides to move out of the Jurisdiction of the selecting housing authority, and (2) a housing authority that absorbed a Family that later decides to move out of the Jurisdiction of the absorbing housing authority.
 
Initial Payment Standard - The Payment Standard at the beginning of the HAP Contract term.
 
Initial Rent to Owner - The Rent to Owner at the beginning of the initial Lease term.
 
In-place Tenants - Tenants living on a rehabilitated property at the time the HAP Contract is executed between the BHA and the Owner.

Interest in the Home - In the homeownership option:

(1)        In the case of assistance for a homeowner, “Interest in the Home” includes title to the home, any Lease or other right to occupy the home, or any other present Interest in the Home.

(2)        In the case of assistance for a Cooperative Member, “Interest in the Home” includes ownership of Membership Shares in the Cooperative, any Lease or other right to occupy the home, or any other present Interest in the Home.

Interim Recertification - A reexamination of a Participant's income, expenses, and Family Composition conducted between the annual re-certifications when a change in a Family's circumstances warrant such a reexamination.
 
Jurisdiction - The area in which the BHA has authority under State and local law to administer the program.  Under Massachusetts Law the BHA Jurisdiction is anywhere within the Commonwealth of Massachusetts.
 
Lease - A written agreement between the Apartment Owner and the Head or Co-Head of Household for the occupancy of the Apartment.
 
Leased Housing Division - The division within BHA that is responsible for the administration of the Section 8 Programs and other various subsidized housing programs. 
 
Leasing Officer - The employee of the BHA that assists the Participant with continued eligibility and participation in the Section 8 program. 
 
Live-in Aide - See Personal Care Attendant (PCA)
 
Lower Income Families – Families with incomes between 51 percent and 80 percent of the median income.
 
Low-Income Household - A Household whose Annual Income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller and larger families. [1937 Act]
 
Manufactured Home - A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence, and meets the HQS.
 
Manufactured Home Space - A space Leased by an Owner to a Family. A Manufactured Home owned and occupied by the Family is located on the space.
 
Medical Expenses - Medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance.
 
Minor - A Minor is a person less than 18 years of age.  An unborn child will not be considered as a Minor. (See also the definition of Dependent)
 
Mitigating Circumstances - Circumstances which would tend to lessen the negative impact of unsuitable behavior and which may overcome or outweigh negative information gathered in the Admissions or Termination process about the Applicant/Participant. 
 
Mixed Family - A Family whose members include those with citizenship or Eligible Non-Citizen Status, and those without citizenship or Eligible Non-Citizen Status.

Membership Shares - In the homeownership option: shares in a Cooperative. By owning such Cooperative shares, the share-owner has the right to reside in a particular Unit in the Cooperative, and the right to participate in management of the housing. 

Moderate Rehabilitation – Section 8 Housing Program which requires rehabilitation involving a minimum expenditure of $1000 for a unit, including its prorated share of work to be accomplished on common areas or systems, to:
 
(1)        Upgrade to decent, safe and sanitary condition to comply with the Housing Quality Standards or other standards approved by HUD, from a condition below these standards (improvements being of a modest nature and other than routine maintenance); or
 
(2)        Repair or replace major building systems or components in danger of failure.
 
Monthly Adjusted Income - One twelfth of Adjusted Income Annual.
 
Monthly Income - One twelfth of Annual Income.
 
Mutual Housing - included in the definition of "Cooperative."
 
National - A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.
 
Near-Elderly Family - A Family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more Personal Care Attendants.
 
Non-Citizen - A person who is neither a Citizen nor National of the United States.
 
Notice Of Funding Availability (NOFA) - For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding. This document explains how to apply for assistance, and the criteria for awarding the funding.
 
Other Person Under the Tenant's Control - A person who, although not staying as a guest  in the unit, is, or was at the time of the activity in question, on the premises because of an invitation from the Tenant or other member of the household who has express or implied authority to so consent on behalf of the Tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the Tenant's control.
 
Overcrowded – A condition of occupancy where given its bedroom size and applicable HQS standards, too many people reside in an Apartment.
 
Owner – Any person or entity, including a Cooperative, having the legal right to Lease or Sub-lease existing housing.
 
Participant (Participant Family) – A Family that has been admitted to the housing authority's program and is currently assisted in the program. A Participant will also include those persons which the BHA has an obligation to offer Continued Assistance. The Family becomes a Participant on the effective date of the first HAP Contract executed by the housing authority for the Family (first day of initial Lease).

Participant in Good Standing – A Participant who has not violated any rules of the Section 8 program in the prior year is a Participant in good standing. If a Participant has violated Section 8 program rules but the violation has been resolved by agreement between the Participant and the BHA or another PHA, and, if applicable, the Participant has honored the terms of the agreement for the prior year, then the Participant is in good standing. If a determination is pending, the Participant will be considered “in good standing” pending the final decision or resolution of any pending proposed violation of Section 8 program rules and obligations. 

Payment Standard – The maximum monthly assistance payment for a Family before deducting the Total Tenant Payment by a Family.  For a Voucher tenancy, the housing authority sets a Payment Standard in the range from 90% to II0% of the current FMR or at any exception Payment Standard amount approved by HUD.
 
Perpetrator – A person who commits an act of Domestic Violence, Dating Violence or Stalking against a victim.
 
Personal Care Attendant (PCA) - A person who:
 
(i)         Is determined by BHA based upon medical documentation from a Qualified Healthcare Provider to be essential to the care and wellbeing of an Elderly or Disabled Person or persons; AND
 
(ii)        May or may not reside with the Elderly or Disabled Person or persons; AND
 
(iii)       Is not obligated to support the Elderly or Disabled Person or persons; AND
 
(iv)       In the case of a live-in PCA, would not be living in the Apartment except to provide the necessary supportive care; AND
 
(v)        Has no right to the Apartment as a Residual Tenant except as provided in section 8.9, AND
 
(vi)       Does not have his/her income included in the Elderly or Disabled Participant’s Household for the purposes of determining total Family income and rent except as provided in section 8.9.
 
Portability - Renting a dwelling Unit with Section 8 tenant-based assistance outside the Jurisdiction of the Initial Housing Authority.
 
Preference - The BHA gives preference to an Applicant on the waiting list if they qualify for one of the Preference categories listed below.  See section 3.3.6.  Preference points are cumulative and are added to the Applicant’s Priority points (if any) to determine an Applicant’s position on each BHA waiting list.  An Applicant may qualify for more than one Preference at a time.  Specific Preference definitions and point information can be found in section 3.3.6 of this Administrative Plan.
 
Premises - The building or complex in which the dwelling Unit is located, including common areas and grounds.

Present Ownership Interest - In the homeownership option: “Present Ownership option” in a residence includes title, in whole or in part, to a residence, or ownership, in whole or in part, of Membership Shares in a Cooperative. “Present Ownership Interest” in a residence does not include the right to purchase title to the residence under a Lease-purchase agreement. 

Priority - Priority is a housing-related situation that affects an Applicant’s present residential status. The BHA gives points to an Applicant with a Priority that ranks an Applicant higher on each waiting list than an Applicant without Priority.  An Applicant can qualify for only one Priority at any given time.  Certain Priorities are given more points than others are.  An Applicant will always be assigned to the highest Priority for which they qualify.
 
Private Space - In Shared Housing: The portion of a contract Unit that is for the exclusive use of an assisted Family.
 
Proration of Assistance - The reduction in a Family's Housing Assistance Payment to reflect the proportion of the Household Members in a Mixed Family who are eligible for assistance.
 
Public Housing Agency (PHA) - A State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) authorized to engage in or assist in the development or operation of low-income housing.
 
Qualifying Family - An Elderly or Disabled family; or a Family receiving supportive services.  To qualify, a Family must have at least one member receiving at least one qualifying supportive service. The BHA may not require participation in medical or disability-related services other than drug and alcohol treatment in the case of current abusers as a condition of living in an excepted Unit, although such services may be offered. If a family at the time of initial tenancy is receiving, and while the resident of an excepted Unit has received, FSS supportive services or any other supportive services as defined in the Administrative Plan, and successfully completes the FSS contract of participation or the supportive services requirement, the Unit continues to count as an excepted Unit for as long as the family resides in the Unit. If a Family in an excepted Unit fails without good cause to complete its FSS contract of participation or if the family fails to complete the supportive services requirement as outlined in the PHA administrative plan, the PHA will take the actions provided under 24 C.F.R. § 983.261(d), and the Owner may terminate the Lease in accordance with § 983.257(c).
 
Qualified Healthcare Provider - A medical or rehabilitation professional or expert, OR non-medical service agency whose function is to provide services to the disabled. 
 
Reasonable Accommodation - A change or modification to BHA rules, policies, practices, or services when such a change is reasonable and necessary because of a person’s disability, and provided that the change does not pose an undue financial or administrative burden, or result in a fundamental Alteration of BHA policies.

Reasonable Modification - A change to the public or common use areas of a building or any change to a dwelling Unit when such a change may be necessary to afford the Disabled person full enjoyment of the premises occupied and is made at the expense of the Disabled Person. See 24 C.F.R. § 100.203. 

Reasonable Rent - A Rent to Owner that is not more than charged: (a) for comparable units in the private unassisted market; and (b) for a comparable unassisted Unit in the premises.
 
Receiving Housing Authority - In Portability, a housing authority that receives a Family selected for participation in the tenant-based program of another housing authority. The Receiving Housing Authority issues a Voucher, and provides program assistance to the Family.
 
Recertification - A reexamination of a Participant Family's income, expenses, and Family Composition to determine the Tenant Share of Rent for the following twelve (12) months. 
 
Remaining Member of a Tenant Family - A Household Member listed on the Lease who continues to live in the assisted Unit after the Head of the Household has left.
 
Rent to Owner - See Contract Rent
 
Repayment Agreement  - (24 C.F.R. 792.103) –Repayment agreement means a formal document signed by a tenant or owner and provided to a PHA which a tenant or owner acknowledges a debt in a specific amount, and agrees to repay the amount due at specific time period(s).
 
Residual Tenancy Applicant - An existing Household Member, (except a Personal Care Attendant), or an adult (if all other Household Members in the Apartment are Minors or incapacitated adults), willing to assume guardianship where appropriate of an Apartment where the Head and Co-Head of Household vacates or becomes incapacitated.
 
Residual Tenant  - A remaining Household Member, (except a Personal Care Attendant), or an adult (if all other Household Members in the Apartment are Minors or incapacitated adults) who has been approved under this Administrative Plan to remain a BHA resident.

Section 8 – Refers to Section 8 of the United State Housing Act of 1937 (42 U.S.C. § 1437f) and its associated programs, such as the Housing Choice Voucher Program and Moderate Rehabilitation Program. 
 
Shared Housing - A Unit occupied by two or more families. The Unit consists of both Common space for shared use by the occupants of the Unit and separate Private Space for each assisted Family.
 
Single Person - Someone living alone or intending to live alone who does not qualify as an Elderly Person, a Disabled Person, a displaced person, or the Remaining Member of a Tenant Family.
 
Single Room Occupancy Housing (SRO) - A Unit for occupancy by a single eligible individual capable of independent living that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities.
 
Special Admission - Admission of an Applicant that is not on the housing authority waiting list, or without considering the Applicant's waiting list position.

Special Housing Types - Housing that includes: SRO housing, Congregate housing, Group Homes, Shared Housing, Cooperatives (including Mutual Housing), and Manufactured Homes (including manufactured home space rental).
 
Stalking Means:
 
(a)        To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person; and to place under surveillance with the intent to kill, injure, harass or intimidate another person; and 
(b)        In the course of, or as a result of, such following, pursuit, surveillance or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to:

(i)         That person;
 
(ii)        A member of the immediate family of that person; or
 
(iii)       The spouse or intimate partner of that person. 

Statement of Homeowner Obligations - In the homeownership option: The Household's agreement to comply with program obligations.
 
Statement of Family Responsibility In the Moderate Rehabilitation Program, an agreement in the form prescribed by HUD, between the PHA and a Family to be assisted under the Program, stating the obligations and responsibilities of the Family.
 
State Wage Information Collection Agency (SWICA) - The State agency receiving quarterly wage reports from employers in the State, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.
 
Subsidy Standards - Standards established by a housing authority to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions.
 
Suspension - Stopping the clock on the term of a Household's Voucher, for such period as determined by the housing authority, from the time when the Household submits a request for tenancy approval to Lease a Unit, until the time when the housing authority approves or denies the request, and upon BHA approval based on other extenuating circumstances.  Also referred to as Tolling.

Tenant - The person or persons (other than a PCA) who execute(s) the Lease as lessee of the dwelling Unit.
 
Temporary Housing /Temporarily Housed - a person or family shall be considered temporarily housed if he/she has not entered into a tenancy. For this purpose a tenancy will be taken to mean an agreement (written or verbal) by which an individual or family occupies the real property (house or apartment) of another with permission and subject to a rental fee."
 
Tenant Share of Rent (Household Rent to Owner) - In the Voucher program, the portion of the monthly Rent to Owner paid by the Household.  For calculation of Rent to Owner see 24 C.F.R. § 982.515(b).
 
Third-Party Verification - Oral or written confirmation of a Applicant/Participant’s income, expenses, or Family Composition provided by a source outside the household, such as an employer, doctor, school official, etc.
 
Tolling - See Suspension
 
Total Tenant Payment (TTP) - Total Tenant Payment is the amount calculated under Section 3(a)(1) of the 1937 Act, which is the higher of: 30% of the Family’s Monthly Adjusted Income; 10% of the Family’s Monthly Income; Minimum rent; or if the Family is receiving payments for Welfare Assistance from a public agency and a part of such payments, adjusted in accordance with the Family’s actual housing costs, is specifically designated by such an agency to meet the Family’s housing cost, the portion of such payments which is so designated.
 
Transitional Housing Assistance- (as defined by HUD)  means a project that has as its purpose facilitating the movement of homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months). Transitional housing includes housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental or physical disabilities and homeless families with children. 
 
Underoccupied - A condition of occupancy where given its bedroom size too few people reside in an Apartment.
 
Unit - See Apartment
 
United States Department of Housing & Urban Development (HUD) - The federal department responsible for the Section 8 and public housing program as provided for in the 11037 Housing Act.
 
Utility Allowance - If the cost of utilities (except telephone) and other housing services for an assisted Unit is not included in the tenant rent but is the responsibility of the Family occupying the Unit, an amount equal to the estimate made of approved by a housing authority or HUD of the monthly cost of a reasonable consumption of such utilities and other such services for the Unit by an energy-conservative Family of modest circumstances consistent with the requirements of a safe, sanitary, and healthful environment.
 
Utility Reimbursement - The amount, if any, by which the Utility Allowance for the Unit, if applicable, exceeds the Total Tenant Payment for the Family occupying the unit
 
Verification - The process of obtaining statements from individuals whom can attest to the accuracy of the amounts of income, expenses, or Family Composition (e.g., employers, public assistance agency staff, doctors).
 
Very Low-Income Families - Low-income families whose incomes do not exceed 50% of the median Family income for the area, as determined by the Secretary with adjustments for smaller and larger Families.
 
Veteran - Anyone who is a Veteran as defined in M.G.L ch. 4, § 7, clause 43. The word “Veteran” as used in this Administrative Plan shall include the spouse, surviving spouse, Dependent parent or Child of a Veteran and the divorced spouse of a Veteran who is the legal guardian of a Child of a Veteran. 
 
Visitor/ Guest Policy- Participants are allowed to have guests and other temporary visitors. However, the leased premises may not be occupied for more than fourteen (14) cumulative days, or as prescribed in the lease agreement, by any one visitor/guest in a calendar year without prior permission from both the BHA and the Owner. 
 
Violent Criminal Activity - Any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause or be reasonably likely to cause serious bodily injury or property damage.
 
Voucher  - See Housing Choice Voucher.
 
Voucher Holder - A Family holding a Voucher with unexpired search time.
 
Voucher Size – See Family Unit Size.
 
Welfare Assistance - Welfare or other payments to Families or individuals, based on need, that are distributed through programs funded by Federal, State or local governments.  See 24 C.F.R. § 5.603(d).

 


[1] For more guidance on assets see HUD Handbook 4350.3, REV-1

[2] Single persons include: a single man; a single woman who is pregnant at the time of admission; a single person who has secured, or is in the process of securing, the custody of any individual(s) below the age of 18; an Elderly person; a Person with a Disability or Handicap; a Displaced Person; or a Single Person who is not Elderly, disabled, handicapped or displaced, each as defined in Chapter 11 of this Policy.

[3] Personal Care Attendants do not have rights of tenancy, nor can they be considered the remaining member of a resident household unless they are found to be a licensed PCA and select one of the options in Chapter 5, section 5.4.2(g).

[4] See 24 C.F.R. § 5.403.