Emergency Assistance Family Shelter and Re-Housing Regulations
As reported in February (MGH Community News, February, 2009), the Patrick Administration had proposed restrictions on access to Emergency Assistance (EA) shelter for families experiencing homelessness As the direct result of significant advocacy efforts there were significant improvements made to the final regulations that were scheduled to become effective on April 17, 2009.
Below are highlights of improvements to the regulations:
Eviction from public or subsidized housing- The regulations no longer bar all families evicted from public or subsidized housing in the last 3 years regardless of reason. That provision was narrowed to cover only those evicted for “fraudulent behavior.” The prior provisions barring families evicted for nonpayment of rent, criminal conduct or destruction of property remain. And the revised regulations contain a new, important exception that applies when the person causing any eviction that would otherwise be disqualifying is no longer part of the household. Advocates remained concerned that having a 3-year look back on any evictions will harm innocent, homeless children and cause confusion with other parts of the regulations that say that only eviction that caused the current homelessness are disqualifying.
Young adults - The bar to 18 to 21 year olds entering shelter was entirely withdrawn.
Over-Income time-limit- the proposal to reduce the period that families can stay in shelter to find housing after going over the income limit from 6 to only 3 months was entirely withdrawn.
Savings Requirement- While families still may have significant expenses and limited ability to save 30% of their income, the revised regulation allows for the requirement to be reduced for families for “good cause” such as paying off back debts that could inhibit their access to permanent housing. The revised regulation also allows for reassessment of the savings requirement and re-housing plan to determine if changes should be made. Advocates remain concerned that some families could lose assistance because they needed to spend their limited funds to meet basic family needs.
“Self-Sufficiency” Requirement- Adults will be required to participate in "activities leading to self-sufficiency". The revised plan acknowledges the importance of a wider range of activities, including paid employment, job search, community service, education and training, substance abuse treatment, etc. An expanded definition of good cause may be used to determine if a family's requirement should be reduced or eliminated. Concerns remain about whether the most vulnerable families will be adequately protected from unreasonable demands.
Rejection of one housing offer- While families could be terminated for rejecting only one housing offer, the revised regulation includes some important expansions to good cause, so that families will not be punished for reasons such as turning down housing that would force them to leave their job, interfere with critical medical or special education needs, place the family close to an abuser, or place the family in an area they previously had to leave due to safety concerns. However the exception does not cover loss of jobs that aren’t in the plan and can’t readily be replaced, particularly in this economy, and it does not cover disruption of adult education and training opportunities that can’t readily be replaced.
Children will now be allowed to enter shelter with their legal guardians.
- Outstanding warrants- The revised regulation narrows the scope to only the family member with the warrant. The rest of the family could remain eligible, as long as there still is an eligible adult in the household.
See the full regulations.
-Adapted from: “Emergency Assistance Family Shelter and Re-Housing Regulations” e-mail from Elizabeth Toulan, Family Economic Initiative, Tuesday, April 14, 2009 and “ Update on the Outcomes of Your Advocacy to Preserve Access to Shelter and Services for Families Experiencing Homelessness”, Mass. Coalition for the Homeless, March 30, 2009.
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