CHANGES IN EMERGENCY ASSISTANCE (SHELTER)

Bobbie recently attended a training on changes to the Emergency Assistance (EA) shelter program presented by Mass. Law Reform. Details are outlined below.

Due to an $8.8 million deficit in the Emergency Assistance (EA) shelter program, several new regulations will be implemented by the Department of Transitional Assistance (DTA) as of February 3, 2003. Currently, there are approximately 1500 families in family shelters funded by the state receiving EA. Family shelters consist primarily of congregate housing, scattered housing (apartments paid for by the state), and hotels or motels where families are placed. The major regulations and the current changes follow.

1. Categorical eligibility. Under the current regulations, an assistance unit consists of a needy child (or a pregnant woman) and a broad range of other individuals permit-ted in the EA household, including grandparents, aunts, uncles, step-parents, step-siblings, and the spouse of any of the above. The new regulations limit the assistance unit to the needy child and the parent(s), step-parent or caretaker relative(s) of the needy child, and siblings under 21 years of age. Under "extraordinary circumstances," DTA could allow other relatives into the EA household with approval of an office director. However, the DTA has not established a definition of what constitutes "extraordinary circumstance." Additionally, if the EU consists of more than one adult, DTA can make arrangements for anyone who is not a "caretaker" to be sent to a singles' shelter. This means there is a significant possibility that one parent may be separated from the rest of their family.
2. Financial eligibility. SSI is not considered countable income under current regulations, but this will change as of February 3. Massachusetts Coalition for the Homeless anticipates approximately 35 families currently housed in EA households will become ineligible. Recipients deemed ineligible due to increases in income will have a thirty-day period to find housing. During this period the assistance unit will be required to save all income over the EA eligibility standard to use for securing permanent housing. In addition, it is important to note that the EA income eligibility standard was lowered to 100% of poverty from 130% of poverty by the legislature in the current year's budget.
3. Employment-related eligibility. An assistance unit may be denied EA by refusing employment or training, reducing employment income or leaving a job within 90 days prior to applying for EA, or reducing employment income or leaving a job while in shelter, without "good cause." "Good cause" criteria includes refusal of employment because the wage is below the applicable federal or state minimum wage laws; the employment, offer of employment, or activity discriminates in terms of age, sex, race, religion, ethnic origin, or physical or mental handicap; the employment involves conditions that violate applicable health and safety standards; or the employment is available due to a strike or lockout.
4. 12 Month Rule/Authorization periods. DTA's current interpretation of the 12 month rule is that following all terminations, the assistance unit has a period of ineligibility until the anniversary of the authorization date (i.e., the date an assistance unit went into shelter). The amended regulation abolishes that concept and establishes a 12 month period of ineligibility following termination that runs from the "last day of emergency shelter paid for by the Department." Also under current regulations, if an assistance unit terminates within thirty days of applying and being accepted, or refuses or fails to accept the placement, they can re-apply. Under the new regulations, such refusal or failure to appear at the initial placement results in a 12 month disqualification period. There are a few exceptions to these regulations. If the family is unable to appear at the initial placement due to a lack of transportation, the 12 month rule is not triggered (however, permanent transportation issues are not considered a "good cause" for refusing a placement). If the family leaves shelter and moves into other housing that turns out to be unsafe, they are allowed back. And if an assistance unit leaves shelter to stay somewhere else in temporary housing that was approved on a form prescribed by the DTA (i.e., detox), the assistance unit can return to shelter.
5. Shelter ineligibility - Evictions. Currently, families can be denied shelter if they have become homeless because of evictions including if a member of the EA assistance unit engaged in criminal activity, non-payment of rent from public or subsidized housing, or for destruction of property. In addition, under the new regulations, a family can be denied shelter if evicted because of criminal activity, even if the criminal act was committed by someone outside of the EA assistance unit. There is exception if the criminal activity was committed by a domestic violence batterer who is not seeking shelter with the family.
6. Shelter Placements. DTA regulations state that the DTA must make reasonable efforts to locate shelter that will accommodate "the physical composition" of the assistance unit. However, in the new regulations they have added the verbiage, "i.e., the size of the assistance unit and the age and gender of the assistance unit members." This addition should be read together with the change that allows DTA to remove any additional adults over the age of 21 from the assistance unit and send them to single shelters. Also, DTA is supposed to locate an assistance unit within 20 miles of their home community. However, if family shelter space is not available, they will be placed in an interim placement. Most of these shelter placements are done by the central DTA office and tend to be arbitrary and often far away from locations convenient to the assistance unit. The Massachusetts Coalition for the Homeless stresses that the assistance unit should accept the first placement then fight for a new location, otherwise the family could be terminated for 12 months.
7. Self-sufficiency plans. Every family placed in an EA shelter must have a sufficiency plan developed by the adult members of the assistance unit, the shelter staff person, and the housing assistance program worker. The plan is de-signed to ensure that the assistance unit makes a "reasonable" effort to find safe, permanent housing. The new regulations add a requirement that all self-sufficiency plans include "resolving any outstanding default of arrest warrants by any court of the Commonwealth of Massachusetts." The person should contact a court appointed attorney to get any warrants taken care of.
8. Noncompliance. A warning notice of noncompliance is sent to an assistance unit for the first instance of any of the following:

   If the assistance unit

   • Fails to attend a scheduled family shelter interview without good cause (see number 4 above)
   • Is refused admittance to a family shelter because of unreasonable behavior at interview
   • Fails to cooperate in developing a plan of self-sufficiency or participating in the activities required by the plan
   • Rejects one opportunity for safe, permanent housing (with certain medical needs and DV as a type of good cause)
   
   In addition, under the new regulations, a warning of noncompliance is sent out if the assistance unit
   • Is cited for accumulating three or more violations of reasonable rules established by the shelter (previously the family had to be asked to leave the shelter)
   • Is posing a threat to health or safety
   • Is cited for one violation of the hotel rules established by DTA or is expelled by the hotel or motel for violations of a reasonable rule
   
   These new warnings have not been clearly defined, and issuance of a notice of noncompliance is left to the discretion of the DTA.
   
   
9. Termination. An assistance unit can be terminated for: 1) being asked to leave a shelter for criminal activity that is a threat to health and safety; 2) two instances of noncompliance; 3) refusal or failure to accept a placement; 4) abandonment of a shelter placement; and 5) feasible alternative housing. Under the new regulations, if an assistance unit's income exceeds the income limits of the EA program, this is also grounds for termination. If this happens, a family has thirty days to stay in shelter while looking for permanent housing, and any income earned over 100% of the poverty level must go toward finding housing.
10. Appeals. Under the new regulations, if an assistance unit is terminated and wishes to appeal, the Division of Hearings must receive the appeal request within 21 calendar days of the date of the notice of the of the Department's proposed action, findings of non-compliance, or placement. The assistance unit has the right to be in shelter while the appeal is pending. The Massachusetts Law Reform Institute strongly urges assistance units to prevent termination by seeking local legal services immediately. They also suggest seeking legal services upon receiving their first notice of non-compliance.
    
    
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