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Homeless Shelters

Emergency Assistance (EA Family Shelter)

Detailed Information and Advocacy Tips

 

See also:  

Advocacy Tips Sections:

What to Expect and Rights and Responsibilities Sections:


Practical Applying Tips

Applying for Emergency Assistance Shelter: A guide for families (Also in Spanish) (10/15)

The EA program is administered by the MA Executive Office of Housing and Livable Communities (EOHLC) (Known as the Dept. of Housing & Community Development or DHCD prior to 5/30/23).

Families can apply either:

  • By phone 866-584-0653 (M-F, 8-4)
    • Should I apply by phone? Easiest if already receiving TAFDC, EAEDC or SNAP and therefore are in the Dept. of Transitional Assistance (DTA) computer system called BEACON. EOHLC workers should have read-only access to BEACON where they can see many of the needed verifications. If you are not already receiving DTA benefits you will need to provide certain documents, so to apply by phone you need access to a fax machine or a scanner and e-mail.
    OR
  • In-person at one of the select DTA offices that accept in-person applications. Certain offices are open to the public for limited hours, but advocates as of 10/23 recommend applying by phone as office hours are inconsistent. If appearing in person, families should ask to speak with the EOHLC housing/shelter worker (if a EOHLC worker is not there that day, they should be able to connect on the phone).

    DTA Offices that accept in-person applications: please see website for offices and hours: mass.gov/how-to/find-emergency-family-shelter 

Families should call or appear as early in the day as possible (as the process can easily take all day, or even several days), but no later than 4 pm.
See more Practical Applying Tips.

Families may go to any DTA office that accepts applications, though if they go to an office other than their local office EOHLC staff may question them about it and try to encourage them to go to that office. Wherever they apply, it is important that once they start an application that they continue the application through that office.

Ask for the EOHLC housing worker. While these workers are in DTA offices, they work for another agency- EOHLC.

These housing workers work for EOHLC and not DTA, They should however have "read-only" access to DTA's computer system (called BEACON). So if you are receiving benefits from DTA (TAFDC, EAEDC, SNAP) the EOHLC worker should be able to access your basic information which may reduce the number and type of verifications you need to submit.

When to go and what to expect: They only accept applications until 4 pm on weekdays, but families should go as early in the day as possible. If possible families should make an appointment, but if they can't make one, they should go anyway. They have a right to complete an application that day if they arrive before 4 (but no guarantee that they will be housed that night).

Even in the best case scenario where applicants are clearly eligible and they have all of their documentation in hand, it typically takes all day to complete the application process and placement process. Often the process takes more than one day, even several days.

Advocacy tip: If a family does not have a car and if it is likely that the family will be placed on a given day- they should bring all of their belongings and their children to the DTA office for the day (even if this means taking the kids out of school). If a placement is offered, the DTA office will provide transportation to the shelter. That transportation will not make any stops such as to pick up belongings or children. If the family turns down that placement because of this, or fails to arrive at the placement because of lack of transportation, they will be subject to the EA 12 month bar.


Residency

EOHLC workers will ask for a Mass Driver's License, Mass ID or recent utility bill to prove residency. There are many other documents that can prove residency. This list of identity documents (starting at p. 4) can also be used to establish residency IF the pertinent document includes a Massachusetts address.

Intent to stay- according to the EA Advocacy guide, any third-party verification that shows you are in the Commonwealth with an intention to reside should be good enough to prove Massachusetts residency. The preferred forms of verification for adults are a Massachusetts ID or driver’s license or a current utility bill. Other acceptable alternatives include:

  • A letter from a child’s primary care doctor listing a Massachusetts address.
  • Proof that any of the children in the family are registered for school in Massachusetts. If families have difficulty enrolling children in school they should ask to speak with the district's Homeless Education Liaison. Registration in school can be verified by a transcript or in a letter on the school’s letterhead, which should be able to be obtained quickly.
  • Proof of voter registration in Massachusetts. One does not need a fixed, permanent address to register to vote; if living outside they can even show the voter registration staff where they are living on a map.
  • The EA Advocacy guide advises that if you are denied for lack of proof of Massachusetts residency and you intend to remain in Massachusetts and need emergency shelter, to contact an advocate.

 


Income

Prospective Income- EOHLC typically will ask for pay stubs to verify income. If the pays stubs give an inaccurate picture of the family's current situation- such as the parent has been laid off since, or hours have been cut, or during that time they were paid for overtime that will not be available in the future, families can ask them to look at income on a "Prospective Basis" (future income). Families will need to prove that the situation has changed, perhaps with a letter from the employer.

More on what income is counted.

DTA record sharing- As noted above, the EOHLC worker does not have easy access to DTA records. However, if the EOHLC worker needs an important document that the family no longer has EOHLC can get it from DTA, it just takes longer and is a more involved process than if one can provide the document anew.


Assets

The asset limit for EA is $5,000.

Countable assets, include cash and bank accounts, as of July 1, 2019 now includes any vehicles above one non-recreational vehicle, cash surrender value of life or burial insurance (not complete list). See the EA Advocacy guide for more.

Non-countable assests include one non-recreational vehicle, the assets of an SSI recipient or a recipient of state or federal foster care payments. (Note: Assets of an SSI recipient do not count toward the EA asset limit, even though the income of an SSI recipient does count toward the EA income limit.) This is not a complete list of non-countable assets. See the EA Advocacy guide for more.

This asset limit does not apply to families already in EA shelter who have saved money required by their EA rehousing plan. the value of one non-recreational vehicle owned by the household.

Asset transfers- Under EOHLC regulations, you are not eligible for EA if you transferred real or personal property within the previous year for the purpose of becoming eligible for EA. If you did not know about EA at the time of the transfer, or there was another reason you transferred the property, this rule should not bar you from being eligible for EA.

Source and for more information: EA Advocacy Guide questions 6 & 7 (in 2019 version)


Homeless- Eviction

When in the eviction process can one apply for EA as homeless?
The eviction process begins with the service of a notice to quit and ends with the tenant leaving the property either voluntarily or by forcible action by the constable or sheriff (called levying on the execution). The date that the family is considered to become homeless for EA purposes is 48 hours from the date that they are required to vacate (date is included in the notice of levy): i.e., after the notice of levy on execution has been served and less than 48 hours remain until the date set for the levy OR if the head of household signed a “vacate” agreement or judgment when the date set for move-out or issuance of execution (or whichever is later if both dates are set) is less than 48 hours in the future. If a family abandons housing pending eviction (any time after the notice to quit but before the 48 hour window) they may be required to request that the landlord let them return to the unit until the order to vacate, or ask the court for a temporary restraining order allowing the tenant to return to the apartment until the completion of the eviction before qualifying for EA. If the landlord has allowed a new family to move in or otherwise refuses for them to return, then the date they became homeless is the date they voluntarily left the apartment.
      (Adapted from Housing Stabilization Notice 2012-05  see: 7. Determining the Date of Homelessness)

Remember that the REASON for the eviction must also meet certain criteria- the tenant must not be at fault.

 


 

Homeless Category 4

  • Category 4
    • Substantial Risk to Health and Safety (HAS) - HAS only applies if family is "doubled up", i.e., secondary tenant..
      • Examples may include if primary tenant or regular guest (over which applicant family has no control) is repeatedly involved in criminal or otherwise violent conduct, serious mental illness or substance abuse IF the behavior cannot be addressed through intervention (such as mediation) AND that are likely to result in significant harm to the EA household. Note: criminal behavior does not have to have been proven in court- just needs evidence that it is more likely than not that a crime occurred.
      • If unit is condemned- this constitutes a substantial risk to health and safety. New as of December 2012: Sanitary code violations- Doubled-up families will now be considered presumptively eligible if the housing has a “pre-citation” or “pre-condemnation” order – not just a condemnation order.
      • Though it is not in writing, advocates note that some DCF workers have viewed severe over-crowding as constituting a HAS risk.
      • Irregular Housing Situation (including "Chronic Couch Surfing")- this is recognized as a condition that constitutes a threat to Health and Safety that might qualify one for shelter without also having to stay in a place not meant for human habitation, but the definition of irregular housing is not defined. Rather, it is to be determined on a case-by-case basis by the Homeless Coordinator in consultation with their supervisor. The irregular housing must be persistent and then they should consider several factors including the of amount of time since the last safe and permanent housing situation, the number of moves, the number of host-families and the length of time at each temporary housing situation and they must be unable to return to any of them.
        • As of December 2012: The exhaustion of time limits in a time-limited emergency family homeless shelter not funded by EA qualifies as “irregular overnight sleeping situation.” This should cover the end of stays in motels paid for by Travelers Aid, regional networks, faith community groups and others.
      • As of December 2012: Doubled-up families where the host family has received notice of eviction due to having guests beyond allowed time limit will be presumptively eligible. There must be documentation- advocates are concerned that in many or most cases, host families aren’t willing to let guests stay to the point of getting a written eviction notice. The state has asked landlords participating in HomeBASE program to be flexible in allowing families to double-up.
      • For more detail see EA Advocacy guide: What kind of health and safety risk is serious enough for eligibility under category number 4? or Health and Safety (HAS) Guidance (DHCD Housing and Stabilization Notice 2012-06 or see all Housing Stabilization Notices/Guidance).
    • Living in a place not meant for human habitation- NOTE 8/19: this requirement has been eliminated through language in the the FY20 budget. We are awaiting additional implementation information, but there are spotty reports of families being offered shelter without first needing to stay in a place not meant for human habitation (who otherwise would have been required to). lack of certain basic necessities (hot and cold water, heat from September 16 through June 14, electricity, lighting or waste disposal), or inability to access them for personal needs. So for example some places are lit at all hours, if lights cannot be dimmed during normal sleeping hours it might qualify as not meant for human habitation. Remember- kids must also be staying in these conditions. Unfortunately, if the kids can stay somewhere safe, even if it means they are separated from their parents, the family is not EA eligible.
      • Staying in a Place Not Meant for Human Habitation and DCF- there are anecdotal reports from community housing advocates that, after meeting with EOHLC workers, some families have the impression that if they stay in a place not meant for human habitation they risk losing their children. Perhaps these families hear that DCF will be investigating the situation and assume that this is the same as an abuse/neglect report. So what can you tell families if this question arises? You can explain that EOHLC contracts with DCF to do these investigations, but that the investigating DCF workers are from a special housing unit. While they are not generally the same workers investigating 51As, seeking protective orders, etc., they do work for DCF and child safety is still their primary responsibility. We can say that an initial report of homelessness alone should not be automatic grounds to support a 51A or remove a child, but we can’t say that it would never mean removal of a child. There are many factors that would go into this decision, including what efforts the family is making to find safe housing, comply with rules, etc. DCF is charged with keeping families together where possible, and should try to work with the family to resolve the situation before moving to remove the child.
    • Waivers- one may request a waiver under extraordinary circumstances for those technically ineligible. Further guidance on criteria currently not available. Process: go through homeless coordinator and supervisor first then request waiver from the Associate Director of Housing Stabilization: Ita Mullarkey, with a cc to legal, the homeless coordinator and the supervisor. This waiver must be requested in writing. EOHLC takes the position that income eligibility and having a child under 21 in the household are fundamental program requirements and not waivable.
    • The FY 2014 budget gives additional funding to the RAFT program to provide up to 7 days of temporary accommodations for low-income families who are not eligible for EA and are at risk of becoming homeless. This provision is intended to prevent these families from living in places not meant for human habitation such as a car or public park while they look for permanent housing. More information. Note: this program fully depleted its funds in December 2013. Learn more.

    Reference Documents and for more information:


12 Month Bar

  • If they refuse offer of shelter or safe, permanent housing, the only way to still be eligible for shelter in the future is to show good cause, and one of the few realistically reliable "good cause" reasons was because of hospitalization.
  • HomeBASE-
    • those who got HomeBASE assistance and had never had EA shelter are NOT subject to the 12 month bar, i.e., would be eligible for EA
    • If had HomeBASE HOUSEHOLD assistance- generally a 3 month bar. Unsafe housing exemption- rare circumstance when one could return to EA in less than 3 months: had to exit EA for HomeBASE housing that at the time was thought to be safe and permanent housing that turns out not to have been safe and permanent at time of move. (Source see p 2. )
    • If had HomeBASE RENTAL ASSISTANCE and were terminated from program or left program if family did not comply with stabilization plan - 24 month bar.
  • If someone came to Massachusetts to seek medical attention and abandoned public housing in their home state they MAY be able to make a case that the 12 month bar shouldn't apply, but it will be difficult.
  • Some limited exceptions to bar/advocacy tips for those evicted from public or subsidized housing:
    • if the unit was "decertified" from section 8 for example, and it therefore is no longer subsidized, bar should not apply.
    • if the subsidy was a "shallow" subsidy such as in a tax credit unit
    • has something happened since eviction such as intervening housing that breaks the chain of causation leading back to eviction from public/subsidized unit?
    • is eviction really for non-payment?
    • is there an ADA case that was not made adequately at time of eviction?

    What to Expect, and Rights and Responsibilities when in EA Shelter System

    • Shelter Offers- A family cannot refuse an EA shelter bed offer unless there is very good cause. If they refuse a bed without good cause they will be barred from EA shelter for 12 months. Advocates advise that even if you think you have a good cause to refuse a bed, it is best to accept the bed and then make your case to be moved. Advocates report that EA is very strict with this and it is a very high bar to prove that you have good cause.
      • EA is supposed to try to place you within 20 miles of your home, but if nothing is available in that area they can place you further away and move you when something becomes available.
      • School transportation- schools are required to provide transportation to homeless children to school in their home community. Under a 2012 law, the state will reimburse municipalities for the costs of this transportation (used to be borne by the municipality alone).

    • Types of EA Shelters - note: Since 12/24 there are two shelter tracks: Rapid Shelter Track and Bridge Shelter Track. See our main shelter page for details.
      • Congregate- with other families with some private and some shared facilities, 24 hour on-site staff.
      • Scattered Site- in a furnished apartment, not necessarily in proximity to other EA families
      • Motels- though the vast majority of initial placements were formerly in motels, motels are now only used as a last resort. As of June 2018, only 1% of families were in hotels/motels. For more inforamtion, see SJC Upholds Baker Administration...- MGH Community News, October 2018.
      • Specialized shelter such as teen living programs for teen parents, or specialized substance abuse shelter.
      • HomeBASE diversions- short-term rental assistance


    • Housing Search Services - Housing search workers are assigned to families in EA shelter* and a "rehousing plan" is created.

    • *These plans seem to be in place for families in congregate and scattered site placements. Those in motels may not be getting these services.


    • Resident Responsibilities (partial list)
      • Families that have a "rehousing plan" are supposed to have them updated monthly and must document search activities. Failure to do so may lead to a non-compliance letter. Two non-compliance letters can lead to termination from EA shelter (and the 12 month bar).
      • Shelter Rules and Health & Safety Violations - families that fail to follow shelter rules may receive a non-compliance letter which can lead to termination from EA shelter (and the 12 month bar).
        • Rules in motels are stricter than in congregate or scattered site, and a single rules violation in a motel can lead to a non-compliance letter. Advocates report that families have been issued non-compliance letters for having small appliances in their rooms (including blenders, curling irons) or for having a friend or family member in their rooms. No one other than the immediate household members are allowed in guest rooms.
      • Abandonment- any overnight stay away from the shelter should be approved in advance. An unapproved 2 night stay away or 3 or more nonconsecutive unapproved stays away may constitute abandonment, which can lead to termination from EA shelter (and the 12 month bar).
      • Temporary Emergency Shelter Interruption (TESI)- If a family plans to be absent for more than four nights, they should request a TESI. TESIs are available for the following reasons: death in the family; other-area employment; medical treatment for an EA family member or extended family member; legal complications; re-housing likely in 30 days; EA family loses custody of children under age 21. Once approved, TESIs last for 30 days. The family can request a TESI extension for an additional 30 days.
      • Offers of Safe, Permanent Housing- families cannot refuse such an offer; a single refusal can lead to EA termination (and the 12 month bar). This applies to housing anywhere in the state, so make sure to only apply in communities in which you'd be willing to live.
      • There are many additional rules including rules that can lead to termination and the 12 month bar- some include criminal activity, quitting or reducing job hours, criminal behavior, missing a family shelter interview, etc. For details see Emergency Assistance (EA) Advocacy Guide, see pg. 51-55.
      • Income Increase- families already in shelter whose income increases above 115% FPL, are given 6 months to transition out of EA shelter.
      • Appeals- Families have 21 days to appeal a termination. If they file their appeal within 10 days of notice, they can stay in shelter until the appeal is decided. This is called an "aid pending" appeal. The appeal should be sent to DHCDEAHearings@state.ma.us or faxed to 617-573-1515.

    • Intersections Between EA, RAFT and HomeBASE  

      Intersections Between EA, RAFT and HomeBASE


    Detailed Advocacy Materials

     

    Legal Advocacy - MLRI and GBLS

    7/15 - Presentation from Nancy Paladino, Boston Healthcare for the Homeless: EOHLC workers may not always be up to speed with current regulations. May turn away families in error- this is where advocacy becomes important.

    While Healthcare for Homeless sometimes can consult on applying for EA and for client rights when in EA, they aren’t lawyers – can’t hold EOHLC accountable. The following attorneys consult on cases for Healthcare for the homeless and have agreed to provide the same for us. Note: we suggest you first consult the CRC and involve lawyers if additional information or advocacy is needed.

    • STAFF may contact - Mass Law Reform Institute (MLRI)- Ruth Bourquin rbourquin@mlri.org
    • Greater Boston Legal Services (GBLS)
      • For general advice STAFF may contact the following directly: Liz Alfred, Linda Garcia, Alex Mitchell-Munevar at 617-371-1234. 
      • For specific case consultation, particularly if will need representation, patients from greater Boston should contact LARC Intake line- 617-603-1700 (LARC provides intake services to GBLS).
    • Legal Services outside of Greater Boston- Find a local MA Legal Service agency (Legal Service Agencies in Other States)