02-04EAshelter.html

Assisting Homeless Families: Emergency Assistance Shelter

Partial revision: October 2010.

On Monday, February 9, 2004, Corinne Castro attended the Massachusetts Law Reform Institute's Basic Benefits Training on Emergency Assistance Shelter.

The following is a summary of regulations governing access to the EA shelter program for families experiencing homelessness. Families must meet strict eligibility criteria to enter this state-funded shelter system. These rules change frequently, making it difficult for advocates to keep current. Feel free to contact the CRC to access the Mass. Coalition for the Homeless advocacy manual (distributed at the training), which clarifies eligibility guidelines and provides comprehensive information on these regulations.

Eligibility for EA Shelter

Families must meet strict eligibility criteria.

CATEGORICAL ELIGIBILITY

Families with children under age 21.
Pregnant women at any stage of pregnancy, with verification from medical personnel.
Families with at least one household member who is a citizen, legal permanent resident, or otherwise permanently residing under color of law (which means that USCIS (US Citizenship and Immigration Services, formally INS) is aware of the immigrant and is not planning to deport them)*.

FINANCIAL ELIGIBILITY
Families do not need to be receiving cash assistance to qualify for EA shelter.

Income must be at or below 115% (revised 10/10) of the federal poverty level.

TAFDC, EAEDC, and SSI count as income for determining EA eligibility.

Food stamps, training stipends up to $130 per month, and higher education grants, loans, and work-study do not count as income for determining EA eligibility. (This is not an exhaustive list.)

Assests:

The family cannot have more than $2,500 in countable assets. The equity value of any vehicle in excess of $5,000 or the fair market value of a vehicle in excess of $10,000 (whichever value is higher) counts toward the $2,500 limit.

The EA regulations bar households that transferred any of their "real or personal property for the purpose of becoming EA-eligible" at any time during the 12 months before applying for EA shelter.

Proving homelessness:
A family is considered homeless if:

They have no housing currently available to them (including temporary accommodations with family or friends); OR

The housing that is currently available to them is not feasible because of one of the following (and the family has nowhere else to go) -
- Natural disasterImminent eviction or foreclosureThreat to the health and/or safety of the householdAbuse and/or neglect of childrenMistreatment of a house-hold member
- Certain verifications may be necessary, however an otherwise eligible household that has nowhere else to go that night should NEVER be denied shelter due to lack of verifications. Self-statements should be sufficient in these cases.

Accessing EA Shelter

Once a family proves eligible for EA shelter (see above), DTA must shelter the family immediately. The family must then follow certain rules in order to retain shelter. These are some of the requirements:

Develop and comply with a self-sufficiency plan
Accept any offer of safe, permanent housing
Comply with shelter/motel rules
Follow TAFDC work requirements
Maintain employment

If a family does not follow these rules, they receive a notice of non-compliance. A family is terminated from shelter after two non-compliances.

Advocacy Tips

In addition to what is described above, the manual also provides tips on how to approach the ap-peals process if a family is denied shelter, and details on Americans with Disability Act accommodations.

Twelve Month Rule:
A family can only use EA shelter one time within 12 months. Once a sheltered family leaves shelter, they are ineligible for shelter for the next twelve months. Advocates, such as Massachusetts Coalition for the Homeless, are advising all families to submit a shelter interruption statement upon leaving shelter, in case the new situation becomes untenable within this 12 month period. The shelter interruption statement documents a request, and then DTA approval, for a temporary move. Copies are available through the CRC and on the staff access section of the CRC website under "Specific Populations/Homeless."

Americans with Disabilities Act (ADA) and EA Shelter:
A disability, as defined by the ADA, is a physical or mental impairment that substantially limits one or more major life activities.** DTA must provide ADA accommodations to persons with disabiliies thereby allowing them to meet eligibility requirements and utilize EA supports. The applicant may request an ADA accommodation or a modification of the agreement at any time. The request may be made orally or in writing to DTA. DTA must then file the formal ADA-1 form, as well as inform the applicant and ensure that approved accommodations are implemented as soon as possible. If the request is denied, the applicant has a right to appeal the decision. Examples of ADA accommodations include arranging to hold an administrative hearing in a wheelchair accessible room, or waiving in-office face-to-face interviews for individuals whose disabilities prevent travel.

Finding Alternate Shelter

Community Rooms:
Some family shelters have room(s) that are available for families that are not eligible for EA shelter. Due to the limited number of community rooms, these spaces are usually full. For a listing of Community Rooms in Greater Boston contact the CRC or see the staff access section of the CRC website under "Specific Populations/Homeless/Shelters/Family Shelters." Families and/or advocates should call the shelter directly to see if any rooms are available.

Specialized Shelter Systems:
Determine if the family is eligible for any of the specialized shelter systems, such as domestic violence shelters, substance abuse shelters, and teen living programs.

Substance Abuse Shelters
The Department of Public Health funds nine substance abuse shelters, which are residential programs that offer treatment and recovery services for families. In order to enter the program, an adult must meet the following eligibility requirements: (1.) be homeless and eligible for EA*** , (2.) have a child in parental or DSS custody who can enter the program with the adult, and (3) be in need of structured substance abuse services. To access this system, the person who is in need should contact the Institute for Health and Recovery (IHR) at 617-661-3991. A potential client can be referred to IHR from any system or agency, but the client must make the initial call. IHR will then perform a telephone screening for substance abuse history and current family situation. In coordination with DTA, EA eligibility will be determined. Then an assessment is made of the client's need for treatment and current openings. Finally, an interview with an appropriate shelter is scheduled for the client's family.

Teen Living Programs (TLP)
TLPs provide a residential setting for teen mothers to access childcare, healthcare, parenting and education support, and assistance in preparing to live independently. In order to enter the program, one must meet the following eligibility requirements: (1.) female, (2.) under the age of 20, (3.) a parent or in the last three months of her pregnancy, (4.) eligible for TAFDC benefits, and (5.) Unable to live at home because (a.) there is abuse or neglect towards her or the child(ren) by any member of the household, (b.) there is drug or alcohol abuse in the home, and/or (c.) there is a special reason that she cannot live at home. Teens must remain in the TLP until her 18th birthday unless she is able to live with an adult relative. She is allowed to stay in a TLP until the day of her 20th birthday.

If a family is eligible for EA shelter and has no safe place to go, DTA must immediately find a place for them, even if all shelters in the state are full.

*From the MCH advocacy manual: DTA workers should not report to the USCIS immigrants who are undocumented or do not have legal status. Under DTA regulations, only individuals who are "known to be in the US unlawfully" can be reported to USCIS. DTA's food stamp regulations clarify that the immigrant is "known to be in the US unlawfully" only when "the Department has seen Final Orders of Deportation or other formal document...that the non-citizen in present in the US illegally." DTA Central agrees that the same reporting policy applies to TAFDC, EAEDC, and the EA program. Therefore, DTA workers should only report non-citizens who provide documentation that they are under a final order of deportation or some other official determination they are unlawful. Lack of status is not the same.

**The person must also have a record of such an impairment, or be regarded as having such an impairment. Major life activities include caring for oneself, walking, performing manual tasks, seeing, hearing, breathing, learning, and working. Disability under ADA can include "hid-den" disabilities such as learning disabilities or psychological impairments. The standard for ADA accommodations is less strict than for disability exemptions in DTA programs.

***While a family must be declared eligible for EA in order to enter the substance abuse shelter system, MCH has found that the rules are sometimes relaxed for families in such circumstances.

02/04