760 CMR 67.06 - Temporary Emergency Shelter
(1)
Who Is
Eligible for Temporary Emergency Shelter.
(a) household must meet the eligibility criteria
specified in
760 CMR 67.00. In addition, a
household is eligible only if:
1. the household is
at risk of domestic abuse in its current housing situation or is homeless because
the head of household fled domestic violence and the household has not had access to
safe, permanent housing since leaving the housing situation from which they
fled;
2. the household is homeless due
to fire, flood, or natural disaster through no fault of its members;
3. the household has been subject to eviction from
its most recent housing due to:
a. foreclosure for
no fault of the members of the household;
b. condemnation for no fault of the members of the
household;
c. conduct by a guest or
former household member who is not part of the household seeking emergency shelter
and over whose conduct the remaining household members had no control;
d. nonpayment of rent caused by:
(i) a documented medical condition; or
(ii) diagnosed disability; or
(iii) a documented loss of income within the last
12 months directly as a result of:
i. a change in
household composition; or
ii. a loss of
income source through no fault of the household; or
e. no fault eviction at the end of a lease or an
at-will tenancy; or
4. the
household in a housing situation where the household members:
a. do not include the primary lease holder;
or
b. the child(ren) of the household
are in a housing situation not meant for human habitation, and where;
c. there is a substantial health and safety risk
to the family that is likely to result in significant harm should the family remain
in such housing situation.
(b) A household must be homeless due to the lack
of feasible alternative housing. Feasible alternative housing means any currently
available living situation including temporary housing with relatives, friends or
charitable organizations.
(c) A
household that appears eligible based on statements provided by the household on a
form prescribed by the Department and any other information in the possession of the
Department, but who needs additional time to obtain any third-party verification,
shall be placed in shelter for up to 30 days pending the determination of EA
eligibility for the household.
(d)
1. An EA household is not eligible to receive EA
benefits more than once in a 12-month period unless:
a. the EA benefit received was a rental
arrearage;
b. the EA benefit received
was temporary emergency shelter and the household left for permanent housing, but
loses that permanent housing prior to the expiration of the 12-month period and is
considered to have a continued need for temporary emergency shelter by demonstrating
that the housing into which it moved did not meet the definition of safe, permanent
housing as defined in 760 CMR 67.06(4)(b) when the household moved into
it;
c. the EA benefit received was
housing assistance program services and the EA household cooperated with the
services in the housing assistance plan;
d. the EA benefit received was temporary emergency
shelter placement which was interrupted when the household left for temporary
housing and the move to the temporary housing was approved on a form prescribed by
the Department; or
e. the only EA
benefit received was temporary emergency shelter as defined in 760 CMR
67.06(1)(c);
2. If one of
these exceptions does not apply, the 12-month period begins on the last day
emergency shelter or another shelter benefit was paid for by the
Department.
3. A household is deemed to
have received an EA shelter benefit if the Department has referred the household to
a designated placement for EA shelter or other shelter benefit.
4. For purposes of 760 CMR 67.06(1)(d), an EA
shelter benefit shall include any EA benefit, including a housing assistance plan,
that provides a family with overnight sleeping accommodations, whether in a
temporary, transitional, short-term, medium-term, or long-term
setting.
(e) A household must
verify that their current, and if applicable, their prior living situation is no
longer available to the household and that there is no other feasible alternative
housing for the household, by the following:
1. a
fire or other natural disaster shall be verified by one of the following:
a. a home visit;
b. a written assessment report from the Red Cross
Emergency Services Department if a Red Cross unit was present at the scene of the
natural disaster;
c. a report signed by
a superior officer of the fire department;
d. a report signed by a member of the police or
fire arson squad; or
e. a telephone or
verbal verification from a member of the Red Cross Emergency Services Department if
a Red Cross unit was present at the scene of the fire. The telephone or verbal
verification from the Red Cross Emergency Services Department shall be considered a
temporary verification and must be followed up with a written assessment within five
working days from the Red Cross Emergency Services Department;
2. an eviction shall be verified by written
documentation that the judgment for possession of the current residence has been
executed and notice of levy on execution served and that the landlord refuses to
renew the lease or tenancy agreement with the household;
3. housing situation posing a substantial health
and safety risk due to physical conditions for purposes of 760 CMR 67.06(1)(a)4.
shall be verified by a risk assessment by the Department of Children and Families
that the housing situation meets the conditions detailed in 760 CMR
67.06(1)(f)6.d.
4. substantial health
and safety risk due to conduct of household members for purposes of 760 CMR
67.06(1)(a)4. when the applicant is or has been living with a primary tenant shall
be verified by a risk assessment by the Department of Children and Families that the
housing situation meets the conditions detailed in 760 CMR 67.06(1)(f)6.a. through
c.
5. domestic abuse or domestic
violence for purposes of 760 CMR 67.06(1)(a)1. shall be verified by reliable and
authentic written documentation in accordance with Departmental guidance meeting the
definition of domestic abuse and domestic violence in 760 CMR
67.06(1)(f)1.;
6.
a. documented medical condition and diagnosed
disability for purposes of 760 CMR 67.040(1)(a)3.d. shall be verified by reliable
and authentic written documentation in accordance with Departmental guidance meeting
the definition of documented medical condition and diagnosed disability in 760 CMR
67.06(1)(f)1.
b. In the case of a
documented medical condition causing eviction due to nonpayment of rent,
verification must include:
(i) written
documentation of extraordinary medical expenses in the form of receipts for payment
of such expenses;
(ii) a written
statement by a competent medical professional that the extraordinary medical
expenses were necessary for the health of the individual, were not covered by
medical insurance; and
(iii)
documentation that extraordinary medical expenses arising from the necessary
treatment of the medical condition caused the applicant to have to pay more than 50%
of his or her household income for rent, a reasonable utility allowance, and the
medical expenditures on an annualized basis.
c. In the case of a diagnosed disability causing
eviction due to nonpayment of rent, verification must include a written statement by
a competent medical professional that:
(i) a
diagnosed disability by the head of household was directly causally related to the
inability to pay rent; and
(ii) the rent
arrearage at the time of eviction was unpaid at least in part because of the
applicable disability, and either
i. money that
would otherwise have gone towards rent payments was spent otherwise on other
expenses compelled by the disability; or
ii. the applicant's disability was such that he or
she was unable because of the disability to take the actions necessary to cure the
arrearage timely or unable to obtain a stay of execution. The applicant shall verify
by reasonable third-party documentation, or adequately supported self-declaration,
that the nonpayment of rent had no significant cause other than the disability and
should demonstrate the manner in which available funds were expended during the time
in which the rent arrearage accrued.
7. the household must verify that its current and,
if applicable, the prior living situation, is no longer available to the household
by providing documentation or information from collateral contacts; and
8. a household requesting temporary emergency
shelter benefits must also verify the lack of feasible alternative housing with
relatives, friends or charitable organizations in accordance with
106 CMR
702.340: Methods of
Verification.
(f) For
purposes of
760 CMR 67.00:
1. Domestic violence and domestic abuse shall
mean, for purposes of 760 CMR 67.06(1)(a)1. the occurrence of one or more of the
following acts between intimate partners, family members, or household members:
a. physical acts that resulted in, or threatened
to result in, physical injury;
b. sexual
abuse, which for purposes of this provision only shall mean:
(i) attempting to cause or causing physical
harm;
(ii) placing another in fear of
imminent serious physical harm; or
(iii)
causing another to engage involuntarily in sexual relations by force, threat or
duress;
c. sexual activity
involving a dependent child of one or both of the intimate partners;
d. being forced to engage in nonconsensual sexual
acts or activities;
e. threats of, or
attempts at, physical or sexual abuse;
f. a pattern of coercive control, meaning:
(i) willful or knowing acts, courses of action, or
demands and credible threats;
(ii) with
intent to establish and maintain power and control over the life, decisions,
relationships or activities of an intimate partner;
(iii) that reasonably would cause a person in the
situation to engage in conduct in which that person otherwise would not, or to
abstain from conduct in which that person otherwise would,
engage;
g. neglect or
deprivation of medical care; or
h.
stalking, which for purposes of this provision only shall mean:
(i) willfully and maliciously engaging in a
knowing pattern of conduct or series of acts over a period of time directed at a
specific person which seriously alarms or annoys that person and would cause a
reasonable person to suffer substantial emotional distress; and
(ii) making a threat with the intent to place the
person in imminent fear of death or bodily injury.
2. Intimate partner shall mean, for purposes of
760 CMR 67.06(1)(f)1.:
a. a current or former
spouse of the applicant,
b. a person
with whom the applicant shares a child in common,
c. a person who is cohabitating with or has
cohabitated with the applicant as a couple in an interdependent relationship that is
intended to be long term, or
d. a person
who is or has been in a substantive dating or engagement relationship with the
applicant, which shall be determined based on consideration of the following
factors:
(i) the length of time of the
relationship;
(ii) the type of
relationship;
(iii) the frequency of
interaction between the parties; and
(iv) if the relationship has been terminated by
either person, the length of time elapsed since the termination of the
relationship.
3.
Control shall mean, for purposes of 760 CMR 67.06(1)(a)3.c.:
a. A head of household has control over the
conduct of all household members and guests of members of the household by virtue of
the right to exclude such individuals from the housing unit and common areas by
removing that individual from the authorized household composition or forbidding
such individual to enter the housing unit or common areas as a guest of the
household.
b. A parent or guardian has
control over the conduct of minor children over whom such parent or guardian has
legal or legally recognized physical custody.
c. Notwithstanding 760 CMR 67.06(1)(f)3.a. and b.,
such head of household, parent, or guardian does not have control over the conduct
of a household member or guest:
(i) When the tenant
is the victim of domestic violence and the conduct is abusive conduct of the
perpetrator;
(ii) When the individual
whose conduct is at issue was mentally ill and all reasonable efforts had been taken
to insure that the individual would be able to comply with the law and the terms of
any applicable lease or tenancy agreement by reasonable accommodations through
medication and treatment; or
(iii) When
the individual whose conduct is at issue is a minor in the legal or legally
recognized physical custody of the head of household and who is subject currently or
previously to an order pursuant to the Children Requiring Assistance (CRA) laws,
M.G.L. c. 119, §§ 39E through L, and the head of household has complied
with all the requirements and recommendations of any CRAS plan and the minor has
been authorized by the Department of Children and Families to continue residing with
the head of household pursuant to a finding that the minor, after program
participation, will obey the lawful and reasonable commands of his or her parents or
guardians.
4.
a. Documented Medical Condition shall mean, for
purposes of 760 CMR 67.06(1)(a)3.d.(i), a serious medical impairment or combination
of impairments that is verified by a competent medical authority, on such form as
may be prescribed by the Department, and which the competent medical authority
determines:
(i) meets a standard specified in
106 CMR
703.192: EAEDC Medical Standards;
or
(ii) is included in the SSI Listing
of Impairments as specified in 20 CFR, Part 404, Subpart P, Appendix 1; or
(iii) substantially reduces or eliminates the
individual's ability to support himself or herself when consideration is given to
the vocational factors specified in
106 CMR
703.193: EAEDC Vocational
Factors; and
(iv) is not based
on a history of alcohol or substance use.
b. Diagnosed Disability shall mean, for purposes
of 760 CMR 67.06(1)(a)3.d.(ii): An impairment or combination of impairments that is
expected to last 60 days or more and that substantially reduces or eliminates an
individual's ability to support himself or herself. An individual shall be
considered as having such an impairment or combination of impairments if he or she
has:
(i) a documented medical condition;
or
(ii) has written notification from
SSA or an administrative law judge that he or she is considered disabled for
purposes of SSI or SSDI and/or that he or she is eligible for SSI or SSDI, and such
disability is not based on a history of alcohol or substance
use.
5. Loss of
income shall mean, for purposes of 760 CMR 67.06(1)(a)3.d.(iii), both 760 CMR
67.06(1)(f)5.a. and b.:
a. a reduction of more
than 10% of a household's monthly income before the reduction. When considering a
loss of income, the income before the reduction should be compared with the family's
total income 60 days after the loss of income, including any increases during that
time.
b. a reduction in income that
results in an undue rent burden, which shall be the cost to the tenant of rent and
utilities (based on regional average utility expenditures used for Section 8/Housing
Choice rent determinations by the Department) over 50% of the household
income.
c. A loss of income from
employment is at the fault of the applicant or a member of the household, if he or
she without good cause, as determined by
760 CMR
67.02(3):
(i) reduced his or her earnings from
employment,
(ii) voluntarily terminated
his or her employment, or (iii) was terminated by his or her employer for
cause.
6.
Substantial health and safety risk that is likely to result in significant harm
shall mean, for purposes of 760 CMR 67.06(1)(a)4.:
a. Exposure, in a dwelling unit occupied by the
children of the applicant household and rented to or owned by a non-member of the
applicant household, to either felony or misdemeanor crimes or violent physical
conduct, in the housing situation where the household resides, perpetrated by the
primary tenant or a member of the primary tenant's household who is not a member of
the applicant household that cannot be addressed through law enforcement
intervention or other alternative dispute resolution measures in a timely manner and
that are likely to cause significant physical, psychological, mental, or emotional
harm to the members of the applicant household. For purposes of 760 CMR
67.06(1)(f)6.a. through c., the repeated conduct of a regular guest is attributable
to the primary tenant.
b. Exposure, in a
dwelling unit occupied by the children of the applicant household and rented to or
owned by a non-member of the applicant household, to mental health issues exhibited
by the primary tenant and/or a member of primary tenant's household who is not a
member of the applicant household that cannot be addressed through referral for
mental health or medical treatment in a timely manner and that are likely to cause
significant physical, psychological, mental, or emotional harm to the to the members
of the applicant household.
c. Exposure,
in a dwelling unit occupied by the children of the applicant household and rented to
or owned by a non-member of the applicant household, to ongoing substance abuse by
the primary tenant and/or member of primary tenant household who is not a member of
the applicant household that cannot be addressed through referral for substance
abuse treatment in a timely manner and that that are likely to cause significant
physical, psychological, mental, or emotional harm to the members of the applicant
household.
d.
(i) The presence in the housing situation where
the children of the applicant household are sleeping of physical condition(s) that
led to the condemnation for safety violations of the housing situation without the
fault of the members of the applicant household; or
(ii) The presence in the housing situation where
the children of the applicant household are sleeping of the following physical
condition(s) that cannot or will not be corrected by the property owner's
remediation of the conditions before such conditions are likely to cause significant
direct physical, psychological, mental, or emotional harm to the members of the
applicant household:
i. Lack of a supply of hot
and cold water, or inability to access the same for personal use.
ii. Lack of heat from September
16th through June
14th.
iii.
Lack of electricity, or inability to access the same for personal use, or lack of
lighting, or inability to access the same for daytime use and to minimize the same
for evening sleeping purposes.
iv. Lack
of toilet and/or operable sewage or waste disposal system.
v. Unsanitary conditions in the unit that results
in any accumulation of garbage, rubbish, filth or other causes of sickness which may
provide a food source or harborage for rodents, insects or other pests or otherwise
contribute to accidents or to the creation or spread of disease; or any such
accumulation in the building that creates a food source or harborage for such pests,
to the extent that such pests infest the unit.
vi. Inability to access a utility for personal use
shall include situations in which the utility is in a location accessible to the
general public;
(iii) An
irregular overnight sleeping situation, as defined in 760 CMR 67.06(1)(f)7.b., if
this has been persistent, as opposed to occasional, and cannot be remedied
immediately by access to feasible alternative housing; or
(iv) Physical conditions making a unit unfit for
human habitation pursuant to M.G.L. c. 111, § 127B, and
105 CMR
410.020:
Definitions.
7. housing situation shall mean, for purposes of
760 CMR 67.06(1)(a)4., either:
a. a specific
housing situation, being the location where the children of the applicant household
are regularly sleeping overnight; or
b.
an irregular overnight sleeping situation. A regular overnight sleeping situation is
one that is consistent and continually available, not intermittent or occurring for
an individual instance. An irregular overnight sleeping situation is an overnight
sleeping situation that is not regular, consisting of repeated moves from place to
place or the exhaustion of time limits in a time-limited emergency family homeless
shelter not funded pursuant to
760 CMR 67.00.
8. housing situation not meant for human
habitation shall mean, for purposes of 760 CMR 67.06(1)(a)4., a housing situation
that is defined in 760 CMR 67.06(1)(f)6.d.(ii).
9. primary leaseholder, as used in 760 CMR
67.06(1)(a)4.a., shall mean, for these purposes, a primary tenant, whether holding
under a lease, a tenancy agreement, or tenancy-at-will arrangement, with the
exception that a primary tenant who is a co-tenant with one or more other co-tenants
shall not be considered a primary tenant for purposes of 760 CMR 67.06(1)(f)6.a.
through c., unless the other co-tenant is an intimate partner.
(2)
Shelter
Ineligibility. A household shall not be eligible for EA temporary
emergency shelter benefits if it became homeless:
(a) for the purpose of making itself eligible for
EA;
(b) for the purpose of obtaining a
housing subsidy;
(c) because it
abandoned in the preceding year, without good cause, public and/or subsidized
housing, or was evicted from public and/or subsidized housing for nonpayment of rent
or fraudulent behavior, provided the eviction occurred within the preceding three
years; it shall not be considered abandoning housing if the household left for good
cause including, but not limited to, accepting employment or permanent housing
elsewhere, or because of a direct threat to the household's safety; a household
shall not be denied EA for an eviction, including for reasons referenced in 760 CMR
67.06(2)(d) and (e), when the person causing the eviction is no longer part of the
household;
(d) because it was evicted
from private, public and/or subsidized housing because of criminal activity, except
when the criminal activity was committed by a domestic violence batterer who is no
longer part of the household;
(e)
because it was evicted from private, public and/or subsidized housing for
destruction of the property;
(f) because
it lost its housing under an agreement for judgment in eviction proceedings brought
in whole or in part for the reasons referenced in 760 CMR 67.06(2)(c), (d) or
(e);
(g) because it failed to cooperate
with housing assistance program services provided by an agency under contract or
agreement with the Department as specified in
760 CMR
67.05, or with a housing assistance program,
providing similar services, including provision of overnight shelter, and
administered by another government agency or by a nonprofit organization;
or
(h) because the teen parent 18 years
of age or older was asked to leave three Teen Living Programs for rule violations or
other behavior-related issues or the teen parent refuses to accept a placement in a
Teen Living Program.
(3)
Temporary Emergency Shelter Placements. An EA-eligible
household homeless due to the lack of feasible alternative housing in accordance
with 760 CMR 67.06(1)(b) shall be approved for temporary emergency shelter. Any
temporary emergency shelter placement must be approved by the Associate Director or
his or her designee. Such approval for placement may be withdrawn or temporary
emergency shelter benefits terminated if feasible alternative housing subsequently
becomes available. A temporary emergency shelter placement shall also be subject to
the following provisions:
(a) The Department shall
make reasonable efforts to locate temporary emergency shelter that will accommodate
the physical composition of the entire household, i.e., the size of
the household and the age and gender of the household members.
(b) An EA household requiring temporary emergency
shelter shall be placed in an appropriate family shelter, substance abuse shelter or
other Department-approved accommodations.
1. An EA
household shall be placed in a family shelter when such shelter is available. A room
or rooms shall not be considered available if the Department has reserved space for
intake cases. Temporary emergency shelter in another approved temporary emergency
shelter specified by the Department may be authorized as an interim measure after
the Department determines that there is no family shelter with space
available.
2. An EA household having a
member with a substance abuse problem shall be referred to the Department of Public
Health for placement in a substance abuse shelter when such shelter is available.
Temporary emergency shelter in another approved temporary emergency shelter
specified by the Department may be authorized as an interim measure if the
Department of Public Health determines that there is no substance abuse shelter with
space available or appropriate for the household needs.
3. If an EA household contains more than one adult
(individual 21 years of age or older), or contains no children younger than 21 years
of age during the period of aid pending appeal pursuant to
760
CMR 67.09(2)(a)2.b., the
Department may make alternative sheltering arrangements for such adult(s) with the
approval of the Associate Director or his or her designee.
(c) The Department-approved family shelter shall
be located within 20 miles of the EA household's home community unless the EA
household requests otherwise;
(d) The
Department shall make every effort to ensure that a child receiving temporary
emergency shelter shall continue attending school in the community in which he or
she lived prior to receiving EA, unless the EA household requests
otherwise.
(e) The EA household will be
placed in an interim placement, such as shelter beyond 20 miles or a hotel/motel,
only if appropriate Department-approved family shelter space is not available.
During this interim placement, the EA household must attend the family shelter
interview(s) at family shelter(s) specified by the Department. The household shall
be advised at the time of placement that:
1. it
will be transferred from a shelter beyond 20 miles into an appropriate Department
approved family shelter within 20 miles of its community at the earliest possible
date unless the EA household requests otherwise; or
2. it will be transferred from another interim
shelter into an appropriate Department approved family shelter at the earliest
possible date.
(4)
Conditions for Shelter Benefits.
(a) The EA household must make all reasonable
efforts that can significantly and directly contribute to the household's ability to
find, obtain or retain safe, permanent housing. The EA household placed in temporary
emergency shelter must cooperate in the development of and participate in the
activities outlined in the EA household's plan for rehousing.
(b)
1. The plan
for rehousing will be developed by the Department representative and the shelter
staff person, the housing assistance program worker and the adult members of the EA
household. The plan will contain the activities to be performed by the adult members
of the EA household that will lead to the EA household's finding safe, permanent
housing. A child who is at least 18 years of age must comply with the activities
leading to self sufficiency of the rehousing plan as specified in 760 CMR
67.06(4)(b)2.h.
2. Activities in the
plan for rehousing shall include, but are not limited to:
a. cooperating with housing assistance program
services by actively looking for safe, permanent housing as described in the EA
household's plan for rehousing. Safe, permanent housing is housing which:
(i) complies with
105 CMR 410.000: Minimum
Standards of Fitness for Human Habitation State Sanitary Code: Chapter
II;
(ii) takes into
consideration the critical medical needs of the members of the EA household and any
domestic violence issues; and
(iii) the
EA household is capable of maintaining for a period of at least one year,
considering the totality of the household's circumstances, including the household's
income from all sources (including food stamp benefits and child support) in
relation to the cost of rent and utilities for the housing, housing subsidies and
other available benefits, and the cost of meeting the household's nonshelter
needs;
b. attending all
scheduled meetings with the assigned housing assistance program worker;
c. meeting with the Department representative and
the housing assistance program worker;
d. planning the short-term or long-term goals
associated with maintaining permanent housing;
e. providing proof of applications for public and
subsidized housing and cooperating in providing needed documentation for public or
subsidized eligibility determinations;
f. providing documentation as specified by the
Department of efforts to obtain safe, permanent housing in the public and private
market;
g. saving 30% of the household's
net monthly income for the purpose of obtaining safe, permanent housing, provided
the savings requirement shall not apply when a household is placed in a hotel or
motel and shall be reduced in extraordinary circumstances; provided further, the
Executive Director of the shelter, or his or her designee, may request an exemption
from the savings requirement upon a showing that it will lead to more rapid
rehousing or shall make other reasonable changes to the requirement when reassessing
the rehousing plan; and provided further, the required amount of savings shall be
reduced if the household is repaying past debt obligations such as unpaid rent or
utilities that may be a bar to obtaining permanent housing; and
h. taking part in activities leading to
self-sufficiency, as specified in
106 CMR
703.150: TAFDC Work Program(A)(2)
for 30 hours per week, provided this hourly requirement shall be reduced as a
reasonable accommodation for those who are disabled; self sufficiency activities
shall include, but not be limited to, education and training programs, including
attendance at a community college, community service, and substance abuse treatment;
provided the requirement shall be reduced or eliminated for good cause including,
but not limited to, lack of appropriate child care or transportation, addressing
medical issues including mental health issues, domestic violence issues, actual
hours spent in housing search, and caring for a newborn under the age of three
months, and the reasons specified in
106 CMR
701.380: Good Cause Criteria;
provided further, the shelter shall reassess regularly the household's rehousing
plan.
(c) The
Department may transfer an EA household from one Department-approved temporary
emergency shelter to another for the efficient administration of the EA
program.
(d) The Associate Director or
his or her designee may notify the Department of Children and Families (DCF) when
temporary emergency shelter is approved for an EA household so that DCF may provide
appropriate support services. The Associate Director or his or her designee shall
notify the DCF when temporary emergency shelter is terminated.
(e) An EA household approved for temporary
emergency shelter benefits shall be referred to the housing assistance program to
receive the appropriate housing assistance program services. The EA household shall
have a Department representative, a shelter staff member, or a staff member from an
agency under contract or agreement with the Department assigned to it to assist in
the search for safe, permanent housing.
(5)
Noncompliance While in Temporary
Emergency Shelter.
(a) The EA
household shall be considered to be in noncompliance with the requirements for
maintaining temporary emergency shelter and will be sent a notice of noncompliance
as specified in
760
CMR 67.09(1)(c) in the first or
second instance that the EA household does one of the following:
1.
a. fails to
attend a scheduled family shelter interview without good cause. The following
constitutes good cause for failure to attend scheduled family shelter interview(s):
(i) A death in the immediate family;
(ii) A personal injury or illness that reasonably
prevents the person from attending the interview(s);
(iii) A sudden and serious emergency as determined
by the Department, that reasonably prevents the person from attending the
interview(s);
b. The
verification of the good cause for failure to attend a family shelter interview must
be provided by the recipient to the Department within three working days of the
scheduled interview.
c. Verification
shall include a copy of death notice for 760 CMR 67.06(5)(a)1.a.(i), a written
statement from a competent medical authority for 760 CMR 67.06(5)(a)1.a.(ii), a
written statement from the recipient for 760 CMR 67.06(5)(a)1.a.(iii) that explains
the emergency that prevented the recipient from attending the scheduled family
shelter interview(s), or other appropriate verification determined by the Associate
Director or his or her designee;
2. is refused admittance to a family shelter
because of unreasonable behavior at the interview;
3. fails to cooperate in participating in the
activities required by the plan for rehousing as specified in 760 CMR 67.06(4)(b),
or fails to cooperate in developing a plan for rehousing without good cause as
defined in
106 CMR
701.380: Good Cause
Criteria;
4. violates a rule
established by the Department for temporary emergency shelter, including a hotel or
motel without good cause if good cause is provided for such rule, and with
de minimis violations not to be counted towards program discipline
if the rule so provides;
5. the EA
household is posing a threat to the health or safety of self, other residents,
guests and/or staff of the temporary emergency shelter for reason(s) other than
engaging in criminal activity(ies); or
6. the EA household is cited for one violation of
the hotel rules established by the Department.
(b) In determining whether rules established by
the shelter, hotel or motel are reasonable, there is a presumption that any such
rule is reasonable.
(c) The EA household
shall be considered to be in noncompliance with the requirements for maintaining
temporary emergency shelter and will be sent a termination notice as specified in
760
CMR 67.09(1)(a) when the EA
household is determined noncompliant for a third time for one or more of the reasons
specified in 760 CMR 67.06(5).
(d) For a
violation of
760 CMR 67.00 or a rule violation,
including a violation of a reasonable rule established by the Department, a shelter,
hotel or motel, the EA household may be placed in another approved temporary
emergency shelter as a result of the noncompliance. A notice of transfer shall be
given/sent to the EA household as specified in
760
CMR 67.09(1)(b).
(6)
Termination of Temporary Emergency Shelter Benefits.
(a) The EA household shall have its temporary
emergency shelter benefits terminated when:
1. the
EA household is asked to leave a temporary emergency shelter because there is
reasonable cause to believe that a member(s) of the EA household is engaging in or
engaged in a criminal activity that threatens the health, safety and/or security of
self, other residents, guests and/or the staff of the temporary emergency shelter.
For the purpose of
760 CMR 67.00 the temporary
emergency shelter benefits may be terminated on the basis of criminal activity only
if the Department concludes by a preponderance of the evidence (more likely than
not) that a member of the EA household is engaging in or engaged in criminal
activity described;
2. the EA household
rejects one opportunity for safe, permanent housing, as defined in 760 CMR
67.06(4)(b), without good cause, as defined in
106 CMR
701.380: Good Cause Criteria or
760 CMR
67.03(4); provided that good
cause shall also include, but not be limited to, the housing would require the
parent to leave a job that is part of his or her rehousing plan; the housing would
interfere with access to critical medical needs of household members, including
access to specialty medical providers; the housing would interfere with the special
education needs of a child; the housing is in an area in proximity to a domestic
abuser, or in an area the household was forced to leave because of safety concerns
directed at any member of the household.
The opportunity of safe, permanent housing must take into consideration the current, critical medical needs of members of the household or any domestic violence issues;
3. the
EA household is determined noncompliant for a third time for one or more of the
reasons specified in 760 CMR 67.06(5), not including prior noncompliance notices
that have expired pursuant to 760 CMR 67.06(5)(e);
4. the EA household either fails to appear at the
designated placement or refuses the available placement without good cause as
defined in
106 CMR
701.380: Good Cause Criteria and
760 CMR
67.03(4);
5. the EA household abandons the temporary
emergency shelter placement. For the purpose of 760 CMR 67.06, the EA household
shall be deemed to have abandoned placement if it fails to stay at the placement for
two consecutive nights or longer, or has repeated absences from the placement. It
shall not be considered an abandoned placement if the absence is authorized by the
shelter's Executive Director, or his or her designee, or the Department's caseworker
or for good cause, as defined in
106 CMR
701.380: Good Cause Criteria or
760 CMR
67.03(4); provided further, good
cause shall include, but not be limited to, a medical emergency or death in the
family;
6. feasible alternative housing
becomes available to the EA household; or
7. the EA household is no longer categorically or
financially eligible for EA benefits. However, a recipient who is financially
ineligible due to income in excess of the EA Continuing Eligibility Standard will
continue to receive shelter benefits for six months, if otherwise
eligible.
8. an adult member of the EA
household commits fraud on the EA program.
(b) The EA household shall be sent a timely notice
of termination in accordance with
760
CMR 67.09.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.