.Purpose

Policy

Background

Release Date:

06/04/20

Definitions

Requirements

Verification Docs

CalWORKs

44-211.53 Permanent 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 January 1, 2020, the definition of allowable providers of housing for Homeless Assistance (HA) payments was expanded.  As a result, families may now use their Permanent HA payment to rent from any person or establishment with whom the family has executed a valid lease, sublease, or shared housing agreement.

 

In addition, the document was updated to incorporate policy clarification on eligibility to the HA exceptions, and policy on the Coordinated Entry System (CES) for Families and preventing duplication of services effective January 4, 2018.

 

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

 

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

Policy

Permanent HA provides a homeless Assistance Unit (AU) with a payment to help the AU secure permanent housing.  The Permanent HA payment includes:

 

·          

An amount not to exceed two months of an AU's rent, for fees the landlord requires before the AU moves in (i.e., last month's rent and any legal payment, fee, deposit, or charge that is required as a condition of assuming occupancy); and

·          

Additional funds/payments for utility deposits (turn-on fees) required for gas, electricity, and/or water.

 

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

Background

As a result of Assembly Bill 960 (Chapter 444, Statutes of 2019), effective January 1, 2020, the definition of allowable providers of housing for HA payments was expanded to also include a person or establishment with whom the family has executed a valid lease, sublease, or shared housing agreement.  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.

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 in the business of renting properties; or

·          

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

Total Monthly Household Income (TMHI)

TMHI is income that is used in determining the AU’s eligibility for the Permanent HA payment.

 

The TMHI can include the income of all AU members and of any other persons whose income is currently used in calculating an AU’s grant, including but not limited to sanctioned and penalized household members and persons who are excluded by law for their undocumented noncitizen status; and includes gross earned and unearned income, including the CalWORKs/Refugee Cash Assistance (RCA) computed grant, but does not include CalFresh, CalWORKs Special Needs, or Supplemental Security Income (SSI) and State Supplementary Payment (SSP).

 

If an SSI/SSP recipient living in the household contributes toward the monthly rent, the family’s total monthly rent amount to which the 80 percent standard is applied would be reduced by the amount contributed from the SSI/SSP recipient.

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.

Substandard Housing

Any public/private place that is not designed as regular sleeping accommodations (e.g., a garage, store front, condemned apartment).

Shared Housing

Shared housing includes, but is not limited to, the following:

 

·         Two or more AUs residing together;

·         SSI/SSP recipient(s) residing with the CalWORKs/RCA AU; or

·         An AU residing with an unaided person(s).

 

In a shared housing situation, each AU, SSI/SSP recipient, and unaided person pays part of the rent and/or utilities and all parties are included in the rental/lease agreement.

Subsidized Housing

A situation in which a government agency, community-based organization, or person pays for a part of the family’s monthly rent amount (e.g., a Section 8 Voucher).

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 Permanent HA

An allowable provider of housing for Permanent HA includes: any person or establishment with whom the family enters into a valid lease, sublease, or shared housing agreement.  The person renting the property must have the legal right to do so.  A valid shared housing agreement, at minimum, must include the names of the landlord and tenant, the address of the unit, the amount of monthly rent, terms of the agreement, and date of occupancy.  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 Brochure

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 Administrative Releases (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 to the Housing Resource Eligibility Worker (HREW) via the PA 4012 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 EWs are issuing homeless/housing benefit requests 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

To be eligible for Permanent HA, an AU must:

 

·          

Be receiving CalWORKs/RCA;

·          

Meet the homeless definition;

·          

Have $100 or less in non-exempt liquid resources (does not include the current month’s CalWORKs/RCA grant); and

·          

Secure permanent housing where the AU’s share of the rent amount does not exceed 80 percent of the AU’s TMHI.

 

The AU cannot pay any overage when the monthly rent amount exceeds 80 percent of the TMHI.

RCA AUs

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

Permanent HA

Benefit/Limits

Permanent HA provides a special needs payment for permanent housing.  The payment can cover security deposit costs and utility deposits required to rent the home.

 

Security deposits include:

 

·          

The last month’s rent; and

·          

Any legal payment, fee, deposit, or charge that is required by a landlord as a condition of assuming occupancy.

 

The Permanent HA payment amount for security deposits cannot exceed two times the total monthly rent amount (rent amount before subsidies [e.g., the rent amount before the Section 8 contribution]).  Also, if the landlord/management company or the current tenant requires the last month’s rent as a condition of assuming occupancy of the rental unit, it can be included as part of the security deposit costs.  However, the last month’s rent amount cannot exceed 80 percent of the family’s TMHI.

 

In addition to the payment amount for security deposit costs, Permanent HA can pay for the actual costs of utility deposits (turn-on fees) required for:

 

·         Gas;

·         Electricity; and/or

·         Water (when not included in the monthly rent).

 

Permanent HA cannot pay for:

 

·          

The first month’s rent;

·          

Overdue utility bills; and

·          

The purchase of a stove/refrigerator, truck rental, and other moving costs.

 

Permanent HA cannot be issued:

 

·          

To rent substandard housing (e.g. a store front, garage, condemned apartment);

·          

To move into transitional housing; and

·          

If the AU secured permanent housing before applying for Permanent HA.

 

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

Most Recent Former Residence

The Permanent HA payment is not available to assist a homeless AU to return to their most recent former residence.  A most recent former residence is the house or the same unit in a duplex or apartment complex in which the recipient lived just prior to becoming homeless.

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;

·          

Domestic Violence (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 received HA.

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 in 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 the HMIS payment information in the system in order to prevent duplication of services.  See the Procedures Section for additional information.

Request for Permanent HA

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

Once-Every-12-Month HA Policy

HA is limited to a maximum of one period of up to 16 consecutive calendar 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 a 16-consecutive-day period of Temporary HA, if eligibility requirements are met after a Permanent HA payment has been received, provided the AU has not moved into the residence.

 

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

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 a participant, after receiving Temporary HA, secures permanent housing without asking for the Permanent HA payment, the participant 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.

Processing Permanent HA

Requests

Requests for HA cannot be screened out or withdrawn. In addition, HA applications cannot be verbally denied.

 

Processing Permanent HA

 

The request for Permanent HA must be processed within the system and payment issued within one workday from receipt of all documentation.

 

·          

If the participant is eligible for Permanent HA, the Homeless Eligibility – Temporary Shelter and Permanent Housing – Approval Notice of Action (NOA), must be initiated while the participant is in the district office.

·          

If the applicant/participant is ineligible for Permanent HA, the Homeless Eligibility – Temporary Shelter and Permanent Housing – Denial NOA, must be initiated while the participant is in the district office.

·          

If the participant fails to provide the necessary documentation within three workdays from the date of application, OR if the participant is determined ineligible for Permanent HA, the Homeless Eligibility – Temporary Shelter and Permanent Housing – Denial NOA, must be initiated.

Contact With Landlord/

Property Manager/

Renter (Current Tenant)

The EW is required to inform the participant that the landlord/property manager/renter (current tenant) will be contacted to verify lease, sublease, or shared housing agreement information, before issuing the Permanent HA payment.

 

The EW is to obtain the participant’s consent to contact the landlord/property manager/renter (current tenant) by using the ABCDM 228, Applicant’s Authorization for Release of Information.

 

Note:  If the participant intends to enter into a sublease with the current tenant, the landlord must authorize the current tenant to enter into the sublease with the participant under the terms of the original lease agreement in order for the sublease to be valid.

 

If the…

Then the EW must…

Participant is applying for Permanent HA

1.    Inform the participant that the Department is required to contact the landlord/property manager/renter (current tenant) to verify valid lease, sublease, or shared housing agreement information;

2.    Ask the participant to provide consent to contact the landlord/property manager/renter (current tenant) via the ABCDM 228; and

3.    Inform the participant that if contact with the landlord/property manager/renter (current tenant) is not successful after three contact attempts, all subsequent eligible payments under Permanent HA Arrearages, Emergency Assistance to Prevent Eviction (EAPE), or Moving Assistance (MA) will be issued as a two-party district issued check, unless the landlord/property manager/renter (current tenant) is contacted, and valid lease, sublease, or shared housing agreement information is verified.

Participant refuses to provide consent to contact the landlord/property manager/renter (current tenant)

Deny the application and issue a denial NOA referencing the appropriate denial reason.

Participant provides consent to contact the landlord/property manager/renter (current tenant)

Call the landlord/property manager/renter (current tenant) to verify valid lease, sublease, or shared housing agreement information before issuing the payment.

Landlord/property manager/renter (current tenant) is reached, and no discrepancies are identified between the information on the PA 956, Housing/Utility Verification form, lease, sublease, or shared housing agreement, and information provided by the landlord/property manager/renter (current tenant)

1.    Document the system Journal regarding the contact (including date and time);

2.    Issue the payment and approval NOA if the participant is eligible for the payment; and

3.    Inform the participant that an executed valid lease, sublease, or shared housing agreement, must be provided to the district office within ten workdays; or

4.    Deny the application and issue a denial NOA referencing the appropriate denial reason, if the participant is not eligible for the payment.

Landlord/property manager/renter (current tenant) is reached and discrepancies are identified between the information on the PA 956, lease, sublease, or shared housing agreement, and the information provided by the landlord/property manager/renter (current tenant), and it is determined that the participant is not eligible for the payment (e.g., the landlord states he will not rent the place to the family)

1.    Inform the participant of the discrepancy;

2.    Document the system Journal regarding the contact (including date and time) and discrepancy; and

3.    If the discrepancy cannot be clarified, deny the application and issue a denial NOA referencing the appropriate denial reason.

Landlord/property manager/renter (current tenant) is reached and discrepancies are identified between the information on the PA 956, lease, sublease, or shared housing agreement, but the discrepancies do not affect eligibility to the benefit

1.    Document the system Journal regarding the contact (including date and time);

2.    Issue the payment and approval NOA; and

3.    Inform the participant that an executed valid lease, sublease, or shared housing agreement must be provided to the district office within ten workdays.

Landlord/property manager/renter (current tenant) is not reached during the first contact attempt, but the participant is eligible for the payment

1.    Document the system Journal regarding the first contact (including date and time);

2.    Issue the payment and approval NOA;

3.    Inform the participant that an executed valid lease, sublease, or shared housing agreement must be provided to the district office within ten workdays; and

4.    Follow up with two more contact attempts to the landlord/property manager/renter (current tenant) within the next workday.

Landlord/property manager/renter (current tenant) was not reached during the first contact attempt and the payment was issued; however, the landlord/property manager/renter (current tenant) is subsequently contacted and discrepancies are identified, which potentially affect the participant’s eligibility to the payment

1.    Inform the participant of the discrepancy;

2.    Document the system Journal regarding the contact (including date and time) and information provided by the landlord/property manager/renter (current tenant);

3.    If the discrepancy cannot be clarified, initiate a fraud referral; and

4.    Take appropriate action upon receiving findings from the Welfare Fraud Investigator.

Landlord/property manager/renter (current tenant) was not reachable after three contact attempts have been made

Inform the participant that all subsequent eligible payments under Permanent HA Arrearages, EAPE, or MA will be issued as a two-party check, unless the landlord/property manager/renter (current tenant) is contacted and valid lease, sublease, shared housing agreement information is verified.

Contact With Landlord in a Sublease

The landlord must authorize the sublease under the terms of the original lease agreement with the renter (current tenant) when the participant is requesting Permanent HA to secure permanent housing in a sublease with the renter (current tenant).

 

The EW is to obtain the participant’s consent to contact the landlord by using the ABCDM 228.

 

If the…

Then the EW must…

Participant is applying for Permanent HA to secure permanent housing via sublease

1.    Inform the participant that the landlord will be contacted to verify that the landlord authorized the sublease; and

2.    Ask the participant to provide consent to contact the landlord via the ABCDM 228.

Participant refuses to provide consent to contact the landlord to verify whether the landlord authorized the sublease between the renter (current tenant) and participant

Deny the application and issue a denial NOA referencing the appropriate denial reason.

Participant provides consent to contact the landlord to verify whether the landlord authorized the sublease between the renter (current tenant) and participant

1.    Call the landlord to verify whether they authorized the renter (current tenant) to enter into a sublease with the participant; and

2.    Document the system Journal regarding the outcome of the contact with the landlord (including date and time).

Landlord did not authorize the sublease between the renter (current tenant) and participant

1.    Deny the application and issue a denial NOA referencing the appropriate denial reason; and

2.    Document the system Journal regarding the outcome of the contact with the landlord and that they did not authorize the sublease with the renter (current tenant).

Landlord authorized the renter (current tenant) to enter into a sublease under the terms of the original rental agreement

Contact the renter (current tenant) to verify sublease information by following the protocol under the Contact with Landlord/Property Manager/Renter (Current Tenant) Section.

Inter-County Transfer (ICT) Cases

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

 

If County A has issued an Immediate Need or Temporary HA payment and the applicant 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 the Permanent HA request. If eligible, County B, where the family is physically located and intends to reside, is responsible for issuing the Permanent HA payment.

 

On outgoing ICTs, the CW 215, Notification of Transfer, must include one of the following statements:

 

·          

No HA issued;

·          

Temporary and/or Permanent HA issued, and the 12-month period of ineligibility ends (insert date); or

·          

HA issued under an exception, if applicable.

 

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.

 

Los Angeles County can issue a courtesy Permanent HA payment to an otherwise eligible homeless CalWORKs family to secure housing in another county within California.  In these instances, the courtesy Permanent HA payment must be issued first to the eligible participant followed by initiating an ICT to transfer the case to the county in which the family will be securing housing.

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

Unless the AU is applying for an exception, the reason for the AU’s homelessness is not a factor in determining eligibility to 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.

 

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.

Notice of Eviction

For the HA Program (Temporary and Permanent HA), the family 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 sworn statement, PA 853, signed by the applicant/participant is sufficient.

 

See the Verifications Section for further details.

Rental Income Received by CalWORKs Participants

CalWORKs participants who have a history of renting rooms are eligible to receive HA payments from other CalWORKs participants.  Monies received by the participant for providing shelter/housing to another participant must be reported on the SAR 7, Eligibility Status Report, and at Redetermination (RD) on the SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs, when the applicant initially applies for CalWORKs.

 

Permanent HA

 

If the provider participant is the landlord, the income is treated as follows:

 

·          

The security deposit is treated as property as it is designated for a non-need item; and

·          

The monthly rent is treated as income.

 

If the provider participant is not the landlord, Permanent HA, cannot be issued.

 

See AR 44-133 Treatment of Income, for further details.

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.

Shared Housing

If the AU is requesting the Permanent HA payment to secure permanent housing in a shared housing situation, the:

 

·          

AU’s portion of the rent amount cannot exceed 80 percent of the AU’s TMHI; and

·          

AU can only receive their portion of required security deposit costs and utility turn-on fees.

 

Determining whether the AU’s rent amount is within 80 percent of the AU’s TMHI.

 

1.    Determine the total monthly rent amount.  The total monthly rent may be verified by reviewing the PA 956 and/or the rental agreement.

2.    Determine what portion of the total rent amount will be paid by the other AU/SSI/SSP recipient/or unaided person.

3.    Subtract the amount that will be paid by the other AU/SSI/SSP recipient/or unaided person from the total monthly rent amount.

4.    Determine if the portion that is left for the AU to pay is within the 80 percent of the TMHI.

 

If the rent amount to be paid by the AU is within 80 percent of the AU’s TMHI, proceed to determine the correct Permanent HA issuance amount for security deposit costs and utility turn-on fees.

 

If the total amount that the AU will be responsible to pay is over the 80 percent of the TMHI, the Permanent HA application is to be denied and a proper NOA is to be given to the applicant/participant.

 

Determining the correct Permanent HA issuance amount in a shared housing situation.

 

1.    Determine what percentage of the total rent will the CalWORKs/RCA AU be responsible for paying and the percentage that the other AU/SSI/SSP recipient/or unaided person will be paying.

2.    The total security deposit payment due to the landlord.

3.    The percentage of the deposit that the CalWORKs/RCA AU will be responsible to pay (i.e., the percentage based on the percentage of the rent that each is required to pay).

4.    The percentage of the deposit that the other AU/SSI/SSP/or unaided person is responsible to pay (i.e., the percentage based on the percentage of the rent that each is required to pay).

 

If the AU’s share of the security deposit does not exceed two times the amount of the AU’s share of the rent, the Permanent HA payment can be issued.

Subsidized Housing

If otherwise eligible, an AU that requests Permanent HA to secure permanent subsidized housing can receive the maximum Permanent HA payment of up to two times the rent which the AU is obligated to pay (i.e., actual rent before any subsidies).  This payment is to pay for security deposits (i.e., last month’s rent, etc.) that are required by a landlord as a condition of assuming occupancy provided the subsidizing agency does not pay these costs.  The total rental amount in subsidized housing can exceed 80 percent of the TMHI; however, the AU’s share of the monthly rent cannot exceed 80 percent of the TMHI.  The AU is responsible for paying the first month’s rent.  The information must be verified by the Housing Authority/Agency before the HA payment can be approved.

 

Once initial eligibility for Permanent HA has been evaluated, the following two-step process is to be used:

 

Step 1

 

Determine if the AU’s share of the monthly rent is within 80 percent of the TMHI.

 

Step 2

 

Determine if the portion of the move-in costs (security deposits, etc.) includes the last month’s rent. If the last month’s rent is required, the amount cannot exceed 80 percent of the TMHI.

 

Following are case scenarios with different housing costs resulting in different outcomes.

 

The AU’s TMHI is $828.  The AU located housing for $1,300 per month.  The subsidized amount is $1,000 and the AU’s share is $300.  The landlord is asking for $1,200 ($900 [security deposit] + $200 [cleaning fee] + $100 [key deposit] = $1,200).  The maximum Permanent HA payment amount for security deposit costs is $2,600 ($1,300 X 2).

 

TMHI

Step 1

Step 2

Outcome

$828

Yes, because the AU’s share of the rent ($300) does not exceed 80 percent of the TMHI ($662).

Yes, because the total security deposit costs ($1,200) do not exceed the maximum allowed ($2,600)

Eligible

 

An AU locates permanent housing for $2,000 per month.  The maximum Permanent HA payment amount for security deposit costs is $4,000 ($2,000 X 2).  The subsidized amount is $1,100 and the AU’s share is $900.  The landlord is asking for $3,000 as a condition for the AU to secure the unit.  The AU’s TMHI is $828.

 

TMHI

Step 1

Step 2

Outcome

$828

No, because the AU’s share of the rent ($900) exceeds 80 percent of the TMHI ($662).

No, because did not meet Step 1.

Ineligible

 

An AU locates permanent housing for $1,200 per month.  The maximum Permanent HA payment amount for security deposit costs is $2,400 ($1,200 x 2).  The AU’s TMHI is $1,500.  The AU’s share of the rent amount is $1,000 per month.  The landlord is asking for security deposit costs of $2,400 ($2,200 [security deposit] + $200 [cleaning fee] =$2,400).

 

TMHI

Step 1

Step 2

Outcome

$1,500

Yes, because the AU’s share of the rent ($1,000) does not exceed 80 percent of the TMHI ($1,200).

Yes, because the total security deposit costs ($2,400) do not exceed maximum allowed ($2,400).

Eligible

 

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 Permanent HA overpayments.

 

Condition

Requirement

AU Receives Permanent HA for Which the AU Was Not Entitled

Overpayments resulting from an AU receiving Permanent HA funds for which the AU is not entitled are subject to the same regulations that apply to CalWORKs/RCA aid payments.

 

Client Error Overpayment

 

·          

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

·          

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

 

In addition, any amount issued over the Permanent HA payment limits is an administrative overpayment and is subject to collection.

AU Does Not Use Permanent HA Payment for Permanent Housing

HA payments issued to homeless AUs who are eligible to CalWORKs/RCA are not considered overpayments.

 

This applies even if the AU does not use the HA payment to secure permanent housing from a person or establishment by way of a valid 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.

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 the Permanent HA payment was not used to secure permanent housing from a person or establishment by way of a valid lease, sublease, or shared housing agreement;

·          

The AU fails to provide verification that the Permanent HA payment was spent to secure permanent housing from a person or establishment by way of a valid lease, sublease, or shared housing agreement; or

·          

The AU provides verification which shows the Permanent HA payment was not paid to a person or establishment to secure permanent housing by way of a valid lease, sublease, or shared housing agreement.

 

NoteRefer to the ‘Utilization of Permanent HA Benefit on Permanent Housing’ category within the Verification Section of this release for additional details on verification types.

Impact to the 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.

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 in the business of renting properties; or

·          

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

 

In addition, 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 YourBenefitsNow! Website by going to http://dpssbenefits.lacounty.gov.

 

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:

 

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.

Proof of Property Availability and Cost

To receive the Permanent HA payment, the AU must provide a completed PA 956, written valid lease, sublease, or shared housing agreement prepared by the property owner, landlord, rental agent, renter (current tenant), or other person acting in a similar capacity (i.e., a Section 8 worker who provides final cost-breakdown).  When security deposits are a condition of occupancy, the amount of those deposits must be included in the agreement.

 

A PA 956 is acceptable, as an interim document, until a valid lease, sublease, or shared housing agreement can be obtained.

 

The EW, with the participant’s written consent, must verify the information on the PA 956 and/or lease, sublease, or shared housing agreement with the landlord, rental agent, renter (current tenant), or other person acting in a similar capacity.  If the participant refuses to authorize the district office to contact the property owner, landlord, rental agent, renter (current tenant), or other person acting in a similar capacity, the request for Permanent HA is to be denied.  See Section titled “Contact With Landlord/Property Manager/Renter (Current Tenant)” for additional details.

 

If a valid lease, sublease, or shared housing agreement has not been made, the participant must complete (under penalty of perjury) a PA 853 containing the following information:

 

·          

Name and phone number of property owner, landlord, rental agent, renter (current tenant), or other person acting in a similar capacity;

·          

Location of rental to be leased, subleased, or entered into a shared housing agreement;

·          

Terms of lease, sublease, or shared housing agreement; and

·          

Dollar amount of needed deposits and the monthly rent amount.

 

Upon receipt of a PA 956, lease, sublease, shared housing agreement, or verbal statement from the landlord/renter (current tenant), or affidavit, the EW must contact the Property Services Unit to verify the accuracy and the consistency of the property information.

 

The information needed by the Property Services Unit to complete an inquiry is the case name, the owner’s name, and the address of the property.  If the rental is one of a set of units, the unit number must also be given.

 

In addition, the EW must give the Property Services Unit the EW file number and the district number so that the response may be returned to the district via the system Journal.  A response from the Property Services Unit will be given within the same day if the inquiry is received before 3:00 p.m.  If received after 3:00 p.m., the response will be provided before 10:00 a.m. the following workday.

 

If there is a discrepancy between the information on the PA 956, lease, sublease, or shared housing agreement and information provided by Property Services, the EW must present the information to the participant for clarification.

 

See Administrative Release DPSS Property Services Unit for additional information.

Utility Deposits

The amount of utility deposits for gas, electricity and water, must be verified.  Verification may be a written statement/bill from the utility company or through EW contact (with written consent from the participant) with the utility company.

Utilization of Permanent HA Benefit on Permanent Housing

Person Not in the Business of Renting Properties

 

·          

A lease agreement;

·          

A sublease agreement; or

·          

A shared housing agreement.  If the provider of housing is not the owner or landlord, the name of the person legally responsible for the property should also be included on the agreement.

 

NoteThe valid lease, sublease, or shared housing agreement should include the name of the provider and participant, the address of the place, the monthly rent amount, terms of the agreement, and date of occupancy.

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.