.Purpose

Policy

Background

Release Date:

09/23/2020

Definitions

Requirements

Verification Docs

CalWORKs

44-211.52 Temporary Homeless Assistance

Purpose

(  ) To release a new policy

(  ) To release a new form

(  ) To convert existing policy to new writing style only – No concept changes

(X) Revision of existing policy and/or form(s)

 

What Changed?

 

Effective September 21, 2020:

 

·         

Families can receive 16 cumulative days of Temporary Homeless Assistance (HA) benefits within a 12-month period instead of consecutive;

·         

The second 16-day lump-sum issuance available under Expanded Temporary HA for CalWORKs applicants fleeing Domestic Violence (DV), can be used in another instance of homelessness; and

·         

The system will have automation for issuing nonconsecutive Temporary Homeless HA benefits and generating revised forms for the HA Program.

 

In addition, the document was updated to incorporate:

 

·         

A change in the Homeless definition as a result of Assembly Bill (AB) 960;

·         

Revised language on Good Cause reasons for the applicant/participant not searching for permanent housing;

·         

Policy clarification on eligibility to the HA exceptions;

·         

Revised language regarding the CW 215, Notification of Inter-County Transfer; and

·         

Updated system procedures for issuing Temporary HA and Expanded Temporary HA.

 

See Call-Outs 20-28 Interim Changes for County Supplemental Homeless Programs Due to Concerns Regarding Coronavirus, dated March 18, 2020, 20-41 Additional Changes for CalWORKs Homeless Programs Due to COVID-19, dated April 2, 2020, and 20-104 Reminder: Continuation of Interim Changes for CalWORKs Homeless Programs Due to COVID-19, for temporary changes and procedures as a result of COVID-19.  All other policy for the Temporary HA Program remains unchanged.

 

Note: Changes are shown highlighted in grey throughout the document.

Policy

Temporary HA provides a homeless Assistance Unit (AU) with up to 16 cumulative days of shelter payments so that the AU can obtain temporary shelter from a commercial establishment (e.g., a hotel, motel), a paid shelter, or a person or establishment with whom the AU has entered into a short-term lease, sublease, or shared housing agreement.

 

For a full description of the policy for Temporary HA, see the Requirements Section.

Background

AB 607 (Chapter 501, Statutes of 2017) made changes to the Temporary HA Program.  As of January 1, 2018, families who become homeless as a direct and primary result of a State or federal declared disaster area may qualify for Good Cause for not providing a completed CW 74, Permanent Housing Search Document, while receiving Temporary HA and receive Temporary HA payments in increments of eight consecutive calendar days or more.

 

AB 557 (Chapter 691, Statutes of 2017) made changes to the Temporary HA Program.  As of July 1, 2018, an apparently eligible CalWORKs applicant, who provides a sworn statement of past or present DV and who is fleeing their abuser:

 

·         

Is considered homeless and eligible for Temporary HA benefits, regardless of their abuser’s income or assets;

·         

Can receive a lump sum equal to 16 days of Temporary HA on the first day of their application.  The 7-day ‘initial’ Temporary HA issuance limitation no longer applies to this population;

·         

Can receive one additional lump-sum payment for 16 additional days immediately following the initial 16-day period, equaling 32 consecutive days of Temporary HA payments, if they are still homeless, and the CalWORKs application has not yet been approved or denied; and

·         

Has Good Cause for not providing the CW 74.

 

These benefits are allowed only once-in-a-lifetime, are in addition to regular Temporary HA and Permanent HA benefits, and do not count against the once-a-year HA exception.

 

AB 1811 (Chapter 35, Statutes of 2018) made changes to the Temporary HA Program.  Effective January 1, 2019, the daily rate for the Temporary HA Program increased from $65 to $85 per day for up to four eligible AU members.  Each additional AU member will continue to receive an additional $15 per day, up to a maximum of $145.

 

AB 960 (Chapter 444, Statutes of 2019) made changes to the HA Program.  Effective January 1, 2020, the definition of who is an allowable provider of housing for receiving HA payments expanded so that homeless CalWORKs families may also use their Temporary HA payments to enter into a short-term lease, sublease, or shared housing agreement to meet their temporary housing needs, while searching for permanent housing.  The lease or agreement does not need to be with someone who is in the business of renting properties or who has a history of renting out to others.

 

Senate Bill 80 (Chapter 27, Statutes of 2019) made changes to the Temporary HA Program by repealing the 16-consecutive-day rule.  Effective September 21, 2020, homeless CalWORKs families can use their 16 days of Temporary HA cumulatively within the 12-month period established when the family receives their first HA issuance.  Temporary HA benefits will not be considered exhausted until all 16 days have been issued, the family resolves their homelessness, or 12 months have passed from the date of the first HA issuance.

 

The elimination of the consecutive-day rule on the utilization of Temporary HA also applies to Expanded Temporary HA benefits for CalWORKs applicants fleeing DV.  Effective September 21, 2020, the second 16-day Temporary HA lump-sum issuance available under Expanded Temporary HA does not have to be issued immediately following the first issuance; instead, it can be used in another instance of homelessness, months or even years later, provided the CalWORKs applicant meets eligibility for the benefits.

Definitions

Term

Description

Homeless

An AU is considered homeless or at-risk of homelessness when:

 

·         

It lacks a fixed and regular nighttime residence;

·         

It is sharing a residence with family or friends on a temporary basis;

·         

It has a primary nighttime residence that is a supervised publicly or privately-operated shelter designed to provide temporary living accommodations;

·         

It is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;

·         

It has a need for housing in a commercial establishment (e.g., hotel/motel), shelter, publicly-funded transitional housing, or from a person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement; or

·         

It receives a notice to pay rent or quit or an eviction notice.

 

Note:  A CalWORKs applicant who is a victim of DV is considered to be homeless even if the applicant has not yet spent a night homeless.

CalWORKs Apparent Eligibility

Apparent eligibility is when the information on the SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs, and other information available indicate that the applicant would be eligible for aid if the information was verified.

 

Exceptions:

 

·         

A woman with no eligible children who does not provide medical verification of pregnancy is not apparently eligible; or

·         

A noncitizen applicant who does not provide verification of their eligible noncitizen status is not apparently eligible.

 

The evaluation of apparent CalWORKs/Refugee Cash Assistance (RCA) eligibility is to be made no later than the following workday.

 

Note:  For AB 557 Expanded Temporary HA benefits, the income and assets of the abuser are not counted.

Liquid Resources

Liquid resources are items of value (cash on hand, uncashed checks, money orders, savings/checking accounts) that can be converted to cash in time to meet the family’s emergent need.

 

A liquid resource does not include cash surrender value of insurance policies, trust funds, household items/furnishings, automobiles, or real property.

12-Month Period

The 12-month period begins on the day the first payment of either Temporary HA or Permanent HA is issued (whichever comes first) and ends 12 months later.

Allowable Provider of Housing for Temporary HA

An allowable provider of housing for Temporary HA includes:

 

·         

A commercial establishment (e.g., hotel, motel); or

·         

A paid shelter; or

·         

Any person or establishment with whom the family enters into a short-term lease, sublease, or shared housing agreement.

 

The provider does not need to be in the business of renting properties or have a history of renting properties.

Requirements

Requirement

Limit/Condition

PA 4043,

DPSS CalWORKs Housing Programs

Applicants/Participants who are homeless or at-risk of homelessness are to be provided with the PA 4043 which provides information about the various supplemental DPSS administered housing programs available to applicants/participants who are homeless or at-risk of homelessness.

 

For information on the programs, see the following Administrative Releases (ARs):

 

·         

44-211.551 Emergency Assistance to Prevent Eviction;

·         

44-211.552 Moving Assistance;

·         

44-211.553 Temporary Homeless Assistance Program+14; and

·         

44-211.554 4-Month Rental Assistance.

PA 6036, Referral to Homeless Case Manager

Applicants/Participants who are homeless or at-risk of homelessness are to be referred to the CalWORKs Homeless Case Management Program via the PA 6036.  The Homeless Case Management Program is voluntary, and facilitates access to services, referrals to needed resources, and permanent housing.  The services include crisis intervention, short-term stabilization, needs assessment, employment services, advocacy, and an individualized housing plan.

 

For additional information on the Homeless Case Management Program, see the following ARs:

 

·         

44-211.56 Homeless Services – General; and

·         

44-211.561 Homeless Case Management Program.

PA 4012, Referral to Housing Resource Eligibility Worker

Applicants/Participants who declare homelessness and request homeless benefits are to be referred via the PA 4012 to the Housing Resource Eligibility Worker (HREW) when the CalWORKs case is approved.  The referral can also be completed by the Customer Service Representative and/or other CalWORKs Eligibility staff to refer a family to the HREW.

 

A referral to the HREW is not required when CalWORKs Approved Case-Carrying EWs are issuing homeless benefits based on district need.  In addition, a referral to the HREW is not made for cases assigned to a Specialized Supportive Services (SSS) Eligibility Worker (EW) file.

Eligibility – Temporary HA

To be eligible for Temporary HA, an AU must:

 

·         

Be apparently eligible for CalWORKs/RCA or be receiving CalWORKs/RCA;

·         

Have $100 or less in non-exempt liquid resources;

·         

Meet the homeless definition; and

·         

Be looking for permanent housing.

Eligibility – Expanded Temporary HA for Victims of DV

The DV applicant must meet the eligibility requirements noted above for Temporary HA, with the following exceptions:

 

·         

The income and assets of the abuser from whom they are fleeing are not counted towards liquid resources; and

·         

They have Good Cause for not providing the CW 74 while receiving Expanded Temporary HA.

RCA AUs

Homeless RCA AUs are eligible for the State-required HA Programs (i.e., Temporary HA and/or Permanent HA/Permanent HA Arrearages).

Temporary HA Benefit

Temporary HA provides an eligible AU with $85 per day for up to four eligible AU members and $15 per day for each additional eligible AU member up to a maximum of $145 per day.

 

Refer to the table below:

 

Number of Eligible Persons in the AU

Daily Temporary HA Amount

1-4

                         $85

5

                       $100

6

                       $115

7

                       $130

8 or more

                       $145

 

·         

Payments can be made for a maximum period of up to 16 cumulative days so the AU can stay at a commercial establishment (e.g., hotel, motel), a paid shelter, or with a person or establishment with whom the AU has entered into a short-term lease, sublease, or shared housing agreement;

·         

Payments can only be issued if the AU has a shelter cost; and

·         

Benefits must be issued or denied on the same day as the request.

 

The AU:

 

·         

Must request all Temporary HA shelter payments before the end of the 12-month period;

·         

Must provide evidence that they are looking for permanent housing by submitting the completed CW 74; and

·         

Can receive Temporary HA after receiving Permanent HA, if the AU needs temporary shelter prior to assuming occupancy of the permanent housing (provided the 12-month period has not expired).

 

The Temporary HA benefit is only available once every 12 months, unless the AU meets an exception.

 

Expanded Temporary HA for CalWORKs Applicants Who Are Victims of DV and Fleeing Their Abuser

 

When an apparently eligible CalWORKs applicant provides a sworn statement of past or present DV and is fleeing their abuser:

 

·         

They are considered homeless and can get a lump sum for 16 days of Temporary HA on the day of their application; and

·         

An additional lump-sum payment for 16 days of Temporary HA following the initial 16-day issuance when the CalWORKs application has not yet been approved or denied.  Effective September 21, 2020, the second lump-sum issuance of 16 days does not have to be issued immediately following the first issuance.  The second issuance of 16 days can be for a different instance of homelessness, provided the CalWORKs applicant meets eligibility for the benefit.

CW 74

For an AU to receive Temporary HA shelter payments, the applicant/participant must be looking for permanent housing. The applicant/participant must be provided with the CW 74.

 

The CW 74 must be completed by the applicant/participant who must provide a minimum of one contact with a prospective landlord or renter for each day the AU receives Temporary HA.  The AU cannot receive subsequent Temporary HA shelter payments if the CW 74 is not completed, unless they have Good Cause for not searching for permanent housing.

 

Good Cause for not searching for permanent housing includes, but is not limited to, the following:

 

·    

The AU does not have access to a phone, either through having one itself, or through a friend, shelter or accessible public place, and the AU also has no transportation and is living in a rural setting that makes public transportation unfeasible.

·    

The AU has located permanent housing, but it is not yet available for occupancy.

·    

The AU’s head of household has a disability that prevents them from performing a housing search, or cares for a family member with a disability that prevents them from performing a housing search.

·    

Effective January 1, 2018, the AU is homeless as a direct and primary result of a State or federally declared natural disaster.

·    

Effective July 1, 2018, the CalWORKs applicant is fleeing DV.

·    

The AU, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving Temporary HA.

 

Good Cause can also be granted to applicants/participants who cannot return the CW 74 due to the district office closures.  This includes instances when the applicant/participant is not able to upload the document in the Your Benefits Now website, Mobile app., or fax, as a result of the COVID-19 pandemic.

 

Note:  The EW must inform the applicant/participant whenever they qualify for Good Cause for not doing the housing search while receiving Temporary HA.

Pending AU Member

An AU member, who is pending to be added to the AU (e.g., the first of the next month or following payment period), is eligible to receive HA.  Therefore, the pending AU member is to be included when determining the amount of the Temporary HA payment and their income used towards the Total Monthly Household Income.

Issuance Schedule

Temporary HA shelter payments must be issued the same day the request is received and approved.  Seven days of temporary shelter payments are to be issued at a time, unless the family is homeless as a result of a State or federal declared disaster area or the CalWORKs applicant is a victim of DV who is fleeing their abuser.

 

The initial Temporary HA shelter payment may be issued for less than seven days for the following reasons:

 

·         

When the applicant/participant is expected to secure permanent housing before the end of the seven-day period;

·         

When the applicant/participant needs to provide necessary documentation to prove the exceptional circumstances to meet any of the HA exceptions; or

·         

When potential CalWORKs/RCA eligibility cannot be established within the same workday in which the applicant requests temporary shelter.

 

In any of the above situations, the applicant’s/participant’s ability to return to the district office must be considered.

 

Effective January 1, 2018, families who become homeless as a direct and primary result of a State or federal declared disaster area may receive Temporary HA payments in increments of eight days or more.  More than eight days of Temporary HA payments (e.g., nine, ten, 11 days) may be issued if necessary, to ensure the family’s return appointment date does not fall on a weekend or Holiday.

 

Effective July 1, 2018, CalWORKs applicants who are fleeing DV, can receive a lump sum equal to 16 days of Temporary HA benefits on the day of their application.  These applicants can receive one additional lump-sum payment for 16 additional days, if they are still homeless, and the CalWORKs application has not yet been approved or denied.

 

Effective September 21, 2020, families can use their 16 days of Temporary HA payments cumulatively within the 12-month period established when the family receives their first HA issuance.  In addition, the second 16-day lump-sum issuance available under Expanded Temporary HA, does not have to be issued immediately following the first 16-day lump-sum issuance.  The second Expanded Temporary HA 16-day lump-sum issuance can be for another instance of homelessness, provided the CalWORKs applicant meets eligibility for the benefit.

Limitations on Eligibility to HA and Exceptions

An AU is eligible for a special need payment for HA (Temporary HA and Permanent HA) once every 12 months, unless the AU meets an allowable exception.

 

HA Exceptions

 

The HA exceptions include whenever the applicant/participant has a need for additional HA due to:

 

·         

A State or federally declared natural disaster;

·         

DV by a partner, spouse, or roommate;

·         

Uninhabitability of the former residence due to sudden and unusual circumstances beyond the applicant’s/participant’s control (includes being a victim of a crime and foreclosure of the rental unit); or

·         

A medically verified physical or mental illness, excluding alcoholism, drug addiction, or psychological stress.

 

Note:  The exception does not need to be the direct cause of homelessness.  However, the exception must be the direct cause for the applicant/participant needing the assistance again.

 

Limitations to Exceptions

 

HA based on an exception is available once at any point during the 12-month period.

 

The exception due to a natural disaster has no limit to the number of times a family may qualify and is limited to 16 days of Temporary HA and/or a Permanent HA payment.  Once the family receives 16 days of Temporary HA and/or Permanent HA under the disaster exception, the family can only get another 16 days of Temporary HA and/or Permanent HA payment under the disaster exception if the family has a need for additional HA due to a different State or federally declared disaster.

 

In addition, receiving HA under the disaster exception does not count against eligibility to the other exceptions (i.e., DV, uninhabitability of the former residence, and physical or mental illness) which are limited to once within 12 months.  For example, if the family receives HA under the disaster exception, the family is still potentially eligible for one of the other exceptions if the family has a need for additional HA benefits due to DV, uninhabitability of the former residence, or a physical or mental illness.

 

Requests for Third-Party Verification

 

Verification of the exceptional circumstances for the exception must be provided.

 

For the DV exception:

 

·         

Applicants/Participants can self-declare DV, via a sworn statement, such as a PA 853 Affidavit, or PA 1913, Confidential Domestic Violence Information, for up to two times in a 24-month period when receiving HA.  Thereafter a self-declaration of DV is not acceptable, and third-party verification must be provided;

·         

In addition, third-party verification must be provided when there is an independent and reasonable basis, supported by written documentation, to find the applicant/participant not credible; and

·         

Participation in the Homeless Case Management Program is mandatory for applicants/participants who self-declared under the DV exception for the second time in a 24-month period.

 

Please refer to the Verification Section of this release for additional details on verification types.

New Caretaker Relative

An otherwise eligible AU that has received an HA payment at any time on behalf of an eligible child cannot be eligible for further HA benefits, until 12 months have passed from the time of the initial HA payment, except under the following conditions:

 

·         

There is another caretaker relative who was not living with the AU at the time the original HA payment was issued;

·         

The new caretaker relative has not received HA benefits during the previous 12 months on behalf of or as part of another AU; and

·         

The former caretaker relative is no longer living in the AU.

Review for Prior HA Issuances

HA payments are tracked Statewide via the Homeless Assistance Program Inquiry through the Medi-Cal Eligibility Data System (MEDS).  Before an AU can receive an HA payment, MEDS, the case record in the system, and documents in the Electronic Document Management System (EDMS), must be reviewed to assess whether the AU already received HA.

Coordinated Entry System (CES) for Families and Preventing Duplication of Services

DPSS provides funding to the CES for Families which consists of at least one Family Solutions Center (FSC) in each of the eight Service Planning Areas in Los Angeles County.  The FSCs provide a service delivery system specifically for families who are homeless or at-risk of homelessness.

 

The DPSS Homeless Case Manager (HCM) can refer CalWORKs families who are homeless or at-risk of homelessness to the appropriate FSC when the family has exhausted or is ineligible to CalWORKs housing/homeless programs and the family meets the criteria for referral.  See 44-211.57 Coordinated Entry System for Families for detailed information about the CES for Families and referral process.

 

Information about the benefits the FSCs provide to CalWORKs families is tracked by the FSCs on the Homeless Management Information System (HMIS).  Because DPSS also administers various CalWORKs housing/homeless programs, information about the benefits tracked in HMIS is transferred to the system on an ongoing basis.  CalWORKs Eligibility staff can view HMIS payment information in the system in order to prevent duplication of services.  See the Procedures Section for additional information.

Request for Temporary HA

The applicant/participant must complete a CW 42, Statement of Facts - Homeless Assistance, when applying for Temporary HA.  The form is designed to gather information specific to the elements of eligibility for HA.

 

The CW 42 is completed when the applicant/participant first requests Temporary HA, but there is no need to complete a CW 42 each time the applicant/participant returns for a subsequent issuance of Temporary HA.

Once-Every-12 Month HA Policy

HA is limited to a maximum of 16 cumulative days of Temporary HA shelter payments and one payment of Permanent HA, every 12 months, unless the AU meets an exception.  The 12-month period begins on the day the first payment of either Temporary HA or Permanent HA is issued (whichever comes first) and ends 12 months later.

 

An HA payment may be granted for either, or both, Temporary HA or Permanent HA.  An AU may be granted Temporary HA, after receiving Permanent HA, when the AU needs Temporary HA prior to assuming occupancy of the permanent housing.

 

A Permanent HA payment may be granted whether or not a payment for Temporary HA has been issued.

Once-in-a-Lifetime Rule for AB 557 Expanded Temporary HA Benefits

Expanded Temporary HA benefits for CalWORKs applicants that are fleeing DV are available as two 16-day lump-sum payments for a total once-in-a-lifetime maximum of 32 days.

 

Effective September 21, 2020, the second 16-day lump-sum issuance does not have to be issued immediately following the first 16-day lump-sum issuance.  The second 16-day lump-sum issuance can be for another instance of homelessness, months or even years later, provided the CalWORKs applicant meets eligibility for the benefit.

Homeless Period

The homeless period begins on the day the first payment of either Temporary HA or Permanent HA is issued (whichever comes first) and ends 12 months later.

 

If a participant moves in with someone or another family on a temporary basis, even if the participant pays rent and stays there for an extended period of time, the family is entitled to a permanent housing payment once permanent housing is secured.

 

If an AU, after receiving Temporary HA, secures permanent housing without asking for the Permanent HA payment, the AU is not eligible for another Temporary HA payment or Permanent HA payment until 12 months have passed since the date the AU received the first Temporary HA payment, unless the AU meets an exception or is eligible for AB 557 Expanded Temporary HA benefits.

Processing Temporary HA Requests

Requests for HA cannot be screened out or withdrawn.  In addition, HA applications cannot be verbally denied.  A CW 42 must be completed by the applicant/participant to request Temporary HA and a Notice of Action (NOA) issued to the applicant/participant when the request for Temporary HA is approved or denied.

 

Processing Temporary HA

 

The request for Temporary HA must be processed within the system, approved or denied, on the same day.  If documents are not available, but there is potential eligibility, up to three days of Temporary HA shelter payments can be issued including holidays and weekends.  A return appointment must be given to provide the missing documentation.

 

·         

If the applicant/participant is eligible for Temporary HA, the M44-211A, Homeless Eligibility – Temporary Shelter and Permanent Housing – Approval, must be initiated while the applicant/participant is in the district office; or

·         

If the applicant/participant is ineligible for Temporary HA, the M44-211D, Homeless Ineligibility – Temporary Shelter and Permanent Housing – Denial, must be initiated while the applicant/participant is in the district office.

 

Processing Expanded Temporary HA

 

·         

If the applicant is eligible for Expanded Temporary HA, the M44-211B, Homeless Eligibility – Expanded Temporary HA for Applicants Fleeing DV, must be initiated via the system and issued to the applicant; or

·         

If the applicant is ineligible for Expanded Temporary HA, the M44-211D, Homeless Ineligibility – Temporary Shelter and Permanent Housing – Denial, must be initiated via the system and issued to the applicant.

Inter-County Transfer (ICT) Cases

The county where the AU is physically located and intends to reside is responsible for the HA eligibility determination and issuance of the HA payment from the date of the request.

 

If County A has issued an Immediate Need (IN) or Temporary HA payment and the AU or applies for Permanent HA in County B, an ICT is to be processed.  However, the ICT process cannot delay County B’s timely processing of any of the remaining 16 days of Temporary HA or Permanent HA request.  If eligible, County B, where the family is physically located and intends to reside, is responsible for issuing the remaining days of Temporary HA or the Permanent HA payment.

 

On outgoing ICTs, the CW 215, Notification of Transfer, must include information on HA benefits received:

 

·         

Temporary HA and/or Permanent HA, depending on the HA received;

·         

HA received under an exception, if applicable;

·         

Expanded Temporary HA, if applicable;

·         

HA issued under an exception, if applicable; and

·         

Number of Temporary HA days issued.

 

If it appears that a homeless family has applied for or received aid in another county in California, the CW 215 must be reviewed as part of the HA eligibility determination process.  Contact the other county if the CW 215 does not contain information about HA.

 

When a homeless participant, who is receiving aid in another county, applies in Los Angeles County, the Incoming ICT EW will send the Electronic ICT request to the sending county.

 

If a family requests HA in the new county, the new county may not have established residency, but must confirm that the family intends to reside there. A written statement from the applicant/participant is acceptable to establish their intention to reside in the county where HA has been requested.

 

For detailed information on processing ICTs, see 02-321 Inter-County Transfers.

Temporary/ Emergency Housing and Shared Housing

HA can be issued to an otherwise eligible AU who lives with another person, family, or AU on a temporary and emergent basis.  For example, if a homeless AU has been staying with a relative the past three weeks for free, but can no longer stay with the relative for free, the AU can use their 16 days of Temporary HA payments to enter into a short-term lease, sublease, or shared housing agreement with the relative, to meet their temporary housing needs.  In addition, if the AU’s temporary housing arrangement with the relative should become permanent, the AU can receive the Permanent HA benefit to pay for needed security deposit costs.

 

The following questions can assist in determining if the AU is in a temporary and emergent housing situation:

 

·         

Is there an agreement with the landlord that the AU may only remain temporarily?

·         

Is there an understanding that the AU will move out quickly?

·         

Does the presence of the AU violate the rental agreement?

·         

What are the sleeping arrangements? Are they acceptable only on a temporary basis?

·         

Is the AU looking for another place to live?

·         

Why did the AU leave their previous residence?

·         

How long have you lived at this address?

Reason for Homelessness

The reason for the AU’s homelessness is not a factor in determining eligibility to regular HA and the applicant/participant cannot be required to provide an eviction notice (including a Marshal’s notice).  When the applicant/participant is unable to provide documentation of homelessness, a signed sworn statement on a PA 853, is sufficient to verify homelessness when there is no other conflicting evidence.

 

If the applicant is fleeing DV, they are considered homeless even if the applicant has not yet spent a night homeless.

 

See the Verifications Section for further details.

Homeless Shelter

There is no requirement for the AU to be in a shelter for any period prior to applying for HA.

No Shelter Cost

Although an AU may be considered homeless, a Temporary HA payment cannot be issued if the AU has ongoing shelter at no cost at the time of the HA request.

Aid Paid Pending (APP)

If a participant appeals a CalWORKs/RCA termination for a specific month and is granted APP, pending the outcome of the hearing decision, the participant can receive Temporary HA and/or Permanent HA (including Permanent HA Arrearages) during the month the participant receives APP, provided the participant is homeless and meets all other eligibility criteria.

 

However, if the CalWORKs/RCA termination is determined to be correct by the Hearing Process, the APP and HA payments are to be considered overpayments, since the participant was not eligible to CalWORKs/RCA.

 

See the Homeless Assistance Overpayments Section for details.

 

Homeless Assistance Overpayments

 

HA received fraudulently or when the AU is not eligible to HA, will be identified as an overpayment and collected.  This section contains information to assist in determining whether or not the identification of an overpayment is correct.

 

Refer to the following requirements for Temporary HA overpayments.

 

Condition

Requirement

Applicant/

Participant Receives Temporary HA for Which They Were Not Entitled

Overpayments resulting from an applicant/participant receiving HA funds for which they were not entitled are subject to the same regulations that apply to CalWORKs/RCA aid payments.

 

Client Error Overpayment

 

·         

If the AU receives Temporary HA and/or Permanent HA (including Permanent HA Arrearages) and the AU was not eligible to the payment (e.g., the AU was not homeless), the entire amount of HA issued is considered an overpayment and is collectable.

·         

If the AU receives HA payment(s) and it is subsequently determined the AU was ineligible to CalWORKs/RCA during the period of the HA issuance(s), the entire amount of the CalWORKs/RCA grant, including the HA payment(s) is considered an overpayment and is collectable.

AU Does Not Use Temporary HA Payment for Shelter

HA payments issued to homeless AUs who are eligible to CalWORKs/RCA are not considered overpayments when the AU does not use the Temporary HA payment at a commercial establishment, a paid shelter, or to enter into a short-term lease, sublease, or shared housing agreement.

 

In these situations, the AU is considered to have mismanaged the HA funds.  The only recourse is to issue any future HA payments as restricted payments (i.e., two-party district issued check).  See Restricted Payments below.  In addition, see the Examples Section for further details.

 

Note:  When issuing a two-party check, if the shelter cost is less than the Temporary HA payment amount, the remaining benefit amount is to be issued via the applicant’s/participant’s Electronic Benefit Transfer (EBT) account.

Restricted Payments

(Two-Party Check)

Restricted payments must be made when there is a finding of mismanagement of benefits and apply to future HA payments associated with the incident of homelessness.

 

Mismanagement exists only when:

 

·         

It is determined that the Temporary HA payment was not used for shelter at a commercial establishment (e.g., hotel, or motel), paid shelter, or to enter into a short-term lease, sublease, or shared housing agreement;

·         

The AU fails to provide verification that the Temporary HA payment was spent on shelter at a commercial establishment (e.g., hotel, or motel), a paid shelter, or to enter into a short-term lease, sublease, or shared housing agreement; or

·         

The AU provides verification which shows the HA payment was not paid to a commercial establishment, a shelter, or with a person or establishment with whom the family has entered into a short-term lease, sublease, or shared housing agreement.

 

Note:   Refer to the ‘Utilization of Temporary HA Benefits on Shelter’ category within the Verification Section of this release for additional details on verification types.

 

AB 557 Expanded Temporary HA

 

If a CalWORKs applicant receives the first 16-day Expanded Temporary HA lump-sum payment and does not provide verification that the money was spent on shelter, the second 16-day lump-sum payment will be issued as a two-party district issued check when the payment is being issued immediately following the first 16-day lump-sum payment (e.g., because the CalWORKs application has not been approved or denied).  However, if the CalWORKs applicant is receiving the second 16-day lump-sum payment during a subsequent instance of homelessness, the second 16-day lump-sum payment will be issued via the CalWORKs applicant’s EBT account.

Impact to 12-Month Period

If an overpayment is identified for the entire HA issuance, the AU may be eligible for HA again before 12 months have passed without having to meet an exception.

 

Refer to the Examples Section within this release in determining:

 

·         

Whether the HA issuance is an overpayment; and

·         

When HA can be received again because the HA issuance was identified as an overpayment.

 

Identifying Homelessness

 

The EW, HREW, and SSS EW must be able to identify possible homelessness in order to refer applicants/participants and provide them with available benefits.  Information regarding applicant’s/participant’s possible homelessness can be located in a variety of places, such as:

 

SAWS 2 PLUS

Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs, when the applicant initially applies for CalWORKs.

Reported Changes

When the participant reports a change of address and/or living arrangement.

Participant Contact

During a conversation with the applicant/participant.

Redetermination (RD)

During the annual RD interview.

SAR 7

On the Eligibility Status Report.

 

The EW, HREW, and SSS EW must explain the CalWORKs homeless definition to the applicant/participant and assess whether the AU meets the homeless definition criteria.

 

An AU is considered homeless or at-risk of homelessness when:

 

·         

It lacks a fixed and regular nighttime residence;

·         

It is sharing a residence with family or friends on a temporary basis;

·         

It has a primary nighttime residence that is a supervised publicly or privately-operated shelter designed to provide temporary living accommodations;

·         

It is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;

·         

It has a need for housing in a commercial establishment (e.g., hotel/motel), shelter, publicly funded transitional housing, or from a person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement; or

·         

It receives a notice to pay rent or quit or an eviction notice.

 

Note:   A CalWORKs applicant who is a DV victim fleeing their abuser is considered homeless even if the applicant has not yet spent a night homeless.

 

In order to determine whether or not an AU meets the homeless definition, the EW must use sound interviewing skills.

 

Use the following guidelines to help determine whether the AU is homeless:

 

When the AU…

And…

Then the AU…

Lives with another AU or household on a temporary/emergency basis

is not on the rental/lease agreement

is homeless.

Lives in their car

 

is homeless.

Lives in a shelter

 

is homeless.

Resides on the streets

 

is homeless.

Has received a notice to vacate, a judgment from an unlawful detainer case, or a lock-out notice

has vacated the residence, and needs shelter

is homeless.

Is a victim of DV who is fleeing their abuser

has not yet spent a night homeless

is homeless.

Has entered into a short-term lease, sublease, or shared housing agreement to meet their temporary housing needs

 

is homeless.

Resides in a hotel or motel to meet their temporary housing needs

 

is homeless.

 

Homeless Mail

 

Requirement

Limit/Condition

PA 1815, Important Notice About a Mailing Address

Applicants/Participants who are homeless are to be informed that an address for mailing their NOAs or other correspondence is needed.  This is done via the PA 1815.  The applicant/participant has the option of either using the district office address as a mailing address or other mailing address (i.e., a relative or friend’s address, P.O. Box, private mailing address).

 

The PA 1815 documents the applicant’s/participant’s understanding of:

 

·         

The importance of having a mailing address; and

·         

Their responsibilities when using the district office address as their mailing address.

 

The PA 1815 also informs the homeless applicant/participant using the district office address as a mailing address that:

 

·         

DPSS-related mail will not be sent by the United States Postal Service;

·         

NOAs will be kept in an electronic format to be printed and given to the applicant/participant at the district office; and

·         

NOAs are available to view and print at the Your Benefits Now (YBN) website.

 

Applicants/Participants who are using the district office address as a mailing address, must be informed to come to the district office at least once a week to have their DPSS-related mail printed and provided to them along with any other correspondence the applicant/participant may be receiving at the district office.  This is critical to ensure receipt of information impacting their benefits, such as:

 

·         

SAR 7;

·         

RD appointment information;

·         

Verification requests; and

·         

NOAs.

 

See the additional information below regarding mail-related requirements for the SAR 7, and RD packet.

SAR 7

Participants using the district office address should be provided with a printed copy of their SAR 7 (if a SAR 7 is due) when picking up their mail.

 

YBN

 

In addition, participants should be encouraged to submit their future SAR 7 reports and verifications online via the YBN website in order to avoid travel costs and wait times associated with traveling to the district office.

RD

Participants using the district office address should be provided with an RD packet (if an RD is due), a printed copy of the FS 29-LA 3, CalWORKs/CalFresh Redetermination/Recertification Appointment Letter, and a pre-paid return envelope, when picking up their mail.

 

The participant should be reminded of the date and time of the telephone RD interview appointment.  An updated contact phone number should be obtained from the participant and entered in the system.  In addition, the participant should be reminded that they can submit the RD forms online through YBN.

Verification Documents

Category

Acceptable Documents

Verification of Homelessness

The AU’s homelessness must be verified within the first three working days.

 

Listed below are acceptable documents to verify homelessness.

 

Note:  There may be other forms of acceptable documents which are not included in the list.

 

·         

Living on the street (PA 853, signed and dated by the participant);

·         

In a shelter (signed and dated verification from the shelter on letterhead indicating the last day at the shelter);

·         

Evicted by a friend or family member (signed and dated letter from friend or family member indicating the reason for eviction and last day at the residence);

·         

Leaving an institution (signed and dated verification from the institution indicating the last day there);

·         

Residing in a motel/hotel (motel/hotel receipts accompanied with a collateral contact with the motel/hotel staff); or

·         

Third-party verification from a governmental or private agency.

·         

Notice to vacate received from a landlord.

·         

An eviction lawsuit filed by the landlord.

·         

A judgment from an eviction lawsuit ordering a move-out date.

·         

A lock-out notice from the Sherriff’s Department.

 

If verification of homelessness cannot be obtained, the AU must complete and sign a statement under penalty of perjury which includes the following information:

 

·         

A Statement of Liability for providing false information;

·         

Name, address and telephone number of previous landlord; and

·         

Location where the AU is currently staying.

 

The applicant’s/participant’s statement on a PA 853 is sufficient to verify homelessness when there is no other conflicting evidence, provided the aforementioned information is included.

 

AB 557 Expanded Temporary HA

 

The CalWORKs applicant’s sworn statement of past or present DV and that they are fleeing their abuser is sufficient verification of homelessness.  There is no requirement to verify homelessness beyond the sworn statement that the applicant is fleeing DV.

Utilization of Temporary HA Benefits on Shelter

Commercial Establishment (e.g., a hotel, motel)

 

Receipt issued by the hotel or motel verifying the applicant’s/participant’s stay at the hotel or motel.

 

Paid Shelter

 

Receipt issued by a shelter agency verifying the applicant’s/participant’s stay at the shelter agency.

 

Person Not in the Business of Renting Properties

 

·         

A short-term lease agreement;

·         

A short-term sublease agreement; or

·         

A short-term shared housing agreement.

 

Note:   The short-term lease, sublease, or shared housing agreement should include the name of the provider and applicant/participant, the address of the place, the amount paid to the provider, the dates of the applicant’s/participant’s stay, and provider’s contact information.

Exceptions

A State or Federally Declared Natural Disaster

 

Verification not required.

 

Exception due to DV

 

·         

Via a sworn statement; and

·         

PA 1913, Confidential Domestic Violence Information.

 

Third-party verification must be requested:

 

·         

If the applicant/participant has self-declared more than twice in a 24-month time period; or

·         

There is an independent and reasonable basis to find the applicant/participant not credible.

 

Third-party verification includes copies of records or reports from:

 

·         

Police departments;

·         

Medical facilities;

·         

Battered women's shelters signed by an administrator, counselor or designated staff member; and

·         

Adult and Child Protective Services, Family Services Bureau, Crisis Counseling Services agencies.

 

Exception Due to Former Residence Becoming Uninhabitable

 

Written statements or copies of reports from police departments, fire departments, the Red Cross, health department or any other agencies authorized to verify uninhabitability of the former residence.

 

Physical or Mental Illness of an AU Member

 

Medical verification from the appropriate treating physician, State-certified nurse, nurse practitioner, physician's assistant, therapist, psychologist, licensed counselor, medical or clinical personnel with access to the patient's records who can verify the diagnosis.

 

Note: Excludes drug addiction or psychological stress.