DISABILITY ISSUES
Vol. 20 No. 1

Housing Advice

Section 8 Housing Changes Enacted

There have been a few changes in the most useful housing program for people with disabilities in Massachusetts. There is some hope that the changes will make the program more effective, fairer, and easier to use. The changes to the program will also allow policy makers to obtain a much clearer picture of the affordable housing need in Massachusetts. If you are now, or have ever considered, seeking a housing voucher, you should read this article and take a new look at housing voucher programs in your state.

The Quality Housing and Work Responsibility Act of 1998 combined the Section 8 tenant-based Certificate and Housing Voucher Programs into a single program renamed the Housing Choice Voucher Program (HCVP). The HCVP went into effect on October 1, 1999. All applicants selected from a Section 8 waiting list, and current participants who either move or enter into a new lease while remaining in-place, on or after October 1, 1999, automatically become HCVP applicants and participants. Section 8 certificate participants who make no changes in their living situation will be converted to the HCVP at their second regularly scheduled annual reexamination.

One Waiting List

There will now be only one waiting list for the entire state of Massachusetts. It has been made clear that "portability" of vouchers permits a voucher-holder to use the subsidy to lease a unit of their choice in any community in the United States or its territories where a public housing agency (PHA) is administering the Section 8 program. Here in Massachusetts, a Local Housing Authority (LHA) will sometimes try to enforce the regulation that permits the PHA to require an applicant who did not reside in the PHA's jurisdiction at the time of application to use the subsidy in its jurisdiction for one year before exercising portability rights. Due to a federal court ruling that the whole state is within the jurisdiction of any PHA in Massachusetts, these LHAs may not enforce this authority within the state. Therefore, any voucher issued within the state may be used anywhere within the state and there is no rationale for maintaining more than one waiting list. However, the family's right to portability at initial issuance of a voucher is subject to the family's meeting the income limits in the community where it first uses the subsidy to lease a unit. The HUD income limits vary by statistical area, and every applicant must be income-eligible both for issuance of the voucher and in the community where the first assisted unit is located. For any move after that income limits are not a consideration. Out-of-state applicants may be required to use the voucher within Massachusetts for one year before moving out of state.

Who Can Apply

Any family, individual, elderly person and/or person with a disability that meets a Department of Housing and Community Development (DHCD) preference may apply. At least one member of the household must be a United States citizen or have eligible immigration status. The applicant household's total gross yearly income must be within the income limits established by HUD. DHCD preferences are:

l Homeless or living in substandard housing; or

l Involuntarily displaced by one or more of the following reasons and have not found permanent replacement housing: natural disaster, owner action other than eviction; fear of reprisal; completing a transitional housing program; government action; domestic violence; hate crimes; accessibility of a unit; or

l Paying 50% or more of monthly household income for rent and utilities for at least 90 consecutive days prior to selection.

Application Process

All eight of DHCD's regional administering agencies (RAA) will begin distributing and accepting applications on March 27, 2000. Applications are available on the internet at www.state.ma.us./dhcd/.

A list of the agencies can be found at the end of this article. Do not submit an application to more than one agency. Multiple applications will not be accepted. Do not apply if your name is currently on the waiting list through any one of DHCD's RAAs listed.

All applications received or postmarked by April 7, 2000 have been randomized by computer and placed on the waiting list using the computer generated order. Applications received later will be added to the waiting list by date and time of receipt.

Preferences

All applicants who meet DHCD preference are ranked equally, except for single applicants who are not elderly, disabled, or displaced. Any single person who is not elderly, disabled, or displaced cannot be assisted until all elderly, disabled, and displaced persons have been assisted.

Non-preference applicants currently on the waiting list will be selected at a rate that will achieve a 10% leasing rate in the category. Effective March 27, 2000 applications will not be accepted from those without preferences.

A regional residency preference will be applied as a ranking preference to all applicants. The preference areas will be based on the administrative areas of DHCD's eight regional administering agencies. This regional preference will be based on the address provided in the application. Out-of-state applicants will be assigned a regional preference of zero. RAA's will select applicants in order, based on the regional designation. This will not restrict an applicant's mobility in any way. Any new allocations of standard Section 8 subsidies received from HUD after 1/1/2000 will be distributed without regard to the regional preference.

Regional Administering Agencies