[HISTORY: Adopted by the Housing Assistance Board of the Town of Lexington 3-16-1985. Amendments noted where applicable.]
The total net income of your household (as defined in Section 2 of the application) will be taken into account in determining your eligibility for a rental unit except:
The income of household members who qualify for the exception under Section 3 of the application will not be included; and
Summer employment income of household members who will be full-time students during the current year will not be included. A full-time student is here defined to be a student enrolled during at least nine months of the year in the educational program of an accredited institution, which program leads to a degree or diploma within the customary period of study or work/study at that institution.
In determining net income for applicants for rental units, LexHab will use the current Schedule for Tenants' Eligibility for State Aided Public Housing, as published by the Executive Office of Communities and Development of the Commonwealth of Massachusetts. Copies of this schedule are available at the LexHab office.
To be eligible for a rental unit, the total net income of your household must be less than 80% of current median income for your size household as determined for the Boston area by the Federal Department of Housing and Urban Development. The current HUD schedule of median/low income is available at the LexHab office. On lease renewals, a limit on 100% of the median income will be used.
If the assets of all of the members of your household, as reported on the financial statement(s) filed with your application, do not exceed $20,000, your assets will not affect your eligibility.
If the total assets of all the members of your household, as reported on the financial statement(s) filed with your application, exceed $20,000 but are less than $40,000 LexHab will add to your net income 5% of the value of such assets in excess of $20,000.
If the assets of all the members of your household, as reported on the financial statement(s) filed with your application, exceed $40,000, LexHab will add to your net income 10% of the value of such assets in excess of $40,000 together with 5% of such assets between $20,000 and $40,000.
If the assets of all of the members of your household, as reported on the financial statement filed with your application, exceed $60,000, you will be deemed ineligible.
Rents will be as shown on the schedule attached to this outline. LexHab reserves the right to amend its schedule from time to time but see § 158-6, Leases.
Editor's Note: The schedule referred to is on file at the office of the Housing Assistance Board.
If you are accepted for a rental unit you will be asked to sign a standard, one-year lease. Lease forms are being prepared and will be made available as soon as possible. The leases will provide in any event that:
The lease will be renewed at the end of each year as long as you are not in violation of the terms of the lease, provided that LexHab reserves the right to withhold renewal in the event it elects to sell the unit. Notice of such intention to sell must be given to you by LexHab at least 60 days prior to the end of the lease term. See also § 158-7.
LexHab may increase your rent for any renewal term provided that in such event LexHab must give you notice of such proposed increase at least 60 days prior to the end of your lease term.
Any increase in the number of members of your household above the number shown on your original application will constitute a violation of your lease. However, children born to any member of your household during the term of the lease and children legally adopted by a member of the household during the lease term will not be taken into account. This subsection shall not constitute or be interpreted as a limitation on LexHab's general right to withhold renewal as set forth in Subsection A above.
LexHab has established a five-year residency limit. One-year exemptions to this policy may be applied for the following reasons:
The tenant cannot, for financial reasons or work required conditions, find other housing within reasonable commuting distance of his or her place of work.
Children of the family, born prior to the family's first occupancy, are still in the Lexington school system.
Due to a medical condition of a family member, a move would be unduly disruptive or injurious to health, or the family cannot find housing that meets its medical needs.
In the event that following the acceptance of your application for a rental unit the net income of your household (as shown on your renewal financial statement) rises above the income limits for your unit (as contained in § 158-3 above), the rent for your renewal term, apart from any general increase of rents, will increase to the current market rental rate for comparably sized units in the Town of Lexington. For such purposes current market rates shall be the average of the rents charged for comparably sized units at Captain Parker Arms, Emerson Gardens and Battle Green Apartments.
However no increase under this section shall cause your rent during any renewal term to exceed 25% of the current total net income of your household or 30% if heat is provided by LexHab.
After your rent reaches the current market rates as provided above, your lease will not be renewed for more than one additional year.
In the event you wish to renew your lease, you will need to submit new, updated financial statements for each member of your household together with a statement containing any changes in the status of your household not shown on your original application; a complete application form need not be resubmitted. The updated financial statement and statement of change in status must be received at the LexHab office no later than 90 days prior to the end of the lease term.
In furtherance of the housing purposes and goals expressed by the 1983 Lexington Town Meeting, LexHab will review applications for rental units and make its determination on the basis of the following, in the order listed:
LexHab will seek first to ensure that the gross rents from tenants will be sufficient to meet LexHab's operating costs, including repairs and maintenance, plus reserves for vacancy and periodic renewal.
Second, LexHab will be governed in this selection of applicants by the following primary considerations:
Achievement of LexHab's objectives (Statement of Objectives is attached to these guidelines). However, with respect to age diversity, LexHab will take into account the facilities and housing opportunities available to the elderly through the Lexington Housing Authority, with which agency LexHab will cooperate in a joint undertaking to meet the housing needs of that segment of the population.
Appropriate utilization of LexHab's units. For these purposes, the term "utilization" shall refer to the ratio of persons in a household to the number of bedrooms in a rental unit. LexHab seeks an overall utilization factor for its units in the range of 1.5 to 2.0.
Third, in reviewing individual applications and in making its selections LexHab will take into account, in addition to the above, the following factors and criteria, in the order listed:
The applicant's need for housing. This factor shall include the household's financial ability to provide for shelter and other elements of need for housing, such as relative importance to the household of proximity to services, educational facilities and transportation, and the availability of alternate shelter.
Applicant's former, present or future association with or connection to the Town of Lexington as, for example, former or present residence in the town, present or prospective employment in the Town or past or present enrollment of a member or members of the household in the Lexington schools.
Applicant's possession of a valid certificate of eligibility under the Section 8 Program, issued by the Lexington Housing Authority, who has been unable to find housing within the Town of Lexington or elsewhere.
The policies and guidelines set forth herein, including the priorities and criteria for acceptance, are furnished to prospective applicants for informational purposes only and are not intended to, and shall not in any event be construed to, create any right or remedy of or for any applicant or any other person based on LexHab's implementation or use of or LexHab's failure to implement, use or follow these policies, guidelines, priorities or criteria.