§ 30 — Emergency housing assistance program

Massachusetts § 30

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title II: EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
• Ch. 23B: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

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Section 30. Subject to appropriation, the executive office shall administer a program of emergency housing assistance to needy families with children and pregnant woman with no other children. The executive office shall administer the program throughout the commonwealth at locations that are geographically convenient to families who are homeless or at-risk of homelessness and shall administer the program in a fair, just and equitable manner. The commonwealth shall accept funds from the appropriate federal authorities for said program.(A) The executive office shall promulgate rules and regulations to establish the levels of benefits available under the program and to ensure simplicity of administration in the best interest of needy recipients. Such benefits shall include, but not be limited to, the following:--(a) for the prevention of the loss of housing, the actual liability up to three times the monthly rental or mortgage liability;(b) for the prevention of utility shutoffs or for the resumption of utility services, up to three months of the actual service liabilities;(c) for the provision of home heating assistance, up to three months of the actual fuel liabilities.(d) The executive office shall promulgate regulations which would authorize the executive office to make payments for a fourth month of rent, utility or fuel arrearages if the secretary certifies in writing that the family would otherwise become homeless, or be without utilities or fuel.(e) for the prevention of homelessness, temporary shelter as necessary to alleviate homelessness when such family has no feasible alternative housing available, storage of furniture for up to thirty days; moving expenses; advance rent payments of one month's rent; and security deposit not to exceed one month's rent.The executive office shall establish procedures, consistent with federal law, to require applicants for the program to also submit an application for federal energy assistance where appropriate. No benefits for a particular emergency shall be provided to an applicant family under the emergency assistance program when benefits are available within seven days of application under the federal assistance program to meet such particular emergency.(B) The executive office shall promulgate rules and regulations to establish the requirements and standards for eligibility. Subject to appropriation, such regulations shall provide that a needy family shall be eligible for assistance under the emergency assistance program if its income is within the income limits for the program of aid to families with dependent children established pursuant to chapter one hundred and eighteen.Emergency housing assistance shall be denied to a family who, at any time within 1 year immediately prior to the filing of an application for emergency assistance, has depleted, assigned or transferred real or personal property that would have rendered such family ineligible for assistance if the depletion, transfer or assignment was not reasonable at the time or was not for good cause reasons. For purposes of the preceding sentence, good cause reasons shall include, but not be limited to, that the funds were expended for necessary or reasonable costs of living such as rent, utilities, food, health related needs, education related expenses or transportation.The executive office shall take all reasonable actions to minimize abuse and errors. Such activities shall include:--(a) the collection and analysis of data regarding utilization patterns;(b) the recording and tracking of use of this program by individual recipients, including, but not limited to, the utilization of a year to year cross check of recipients to determine if a person or persons has received similar benefits in the previous year or years;(c) the utilization by the executive office of mechanisms, such as payment of all or part of a regular assistance grant directly to vendors, to prevent the misuse of this program, provided, however, that such mechanisms are authorized under federal or state law;(d) the utilization of wage reporting and bank matching systems, provided, however, that the provision of assistance shall not be delayed by such utilization;(e) the verification of all elements of eligibility. Such verification requirements, including home visits by workers assigned to recipients, shall be reasonable and in accordance with federal law and regulations, where applicable. The executive office shall determine which verification requirements can be reasonably met by third party affidavits and shall provide notification to recipients and applicants of the circumstances when third party affidavits may be used. The executive office shall establish reasonable procedures for the verification of continuing eligibility, including monthly reporting and retrospective budgeting where appropriate.(C) Subject to federal approval of any necessary waivers, the executive office shall use the warrant management system established pursuant to section twenty-three A of chapter two hundred and seventy-six; and, in accordance with section 11 of chapter 14 and the rules and regulations of the fraudulent claims commission, the executive office shall forward the name of any applicant or beneficiary of emergency housing assistance who, according to said warrant management system, has an outstanding default or arrest warrant issued against him; and the executive office shall comply with existing state and federal law applicable to time standards for review and determination of eligibility, and all notice and hearing requirements afforded to applicants and beneficiaries under its emergency housing assistance programs; andThe executive office shall not issue a check or grant any non-shelter benefits of any kind to or on behalf of an applicant for or recipient of emergency housing assistance benefits against whom an outstanding default or arrest warrant has issued by any court of the commonwealth. Evidence of the outstanding default or arrest warrant appearing in said warrant management system shall be sufficient grounds for such action by the executive office.If a hearing is requested to challenge the termination of benefits due to an outstanding default or arrest warrant, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section.(D) Any person or institution which knowingly makes a false representation or, contrary to a legal duty to do so, knowingly fails to disclose any material fact affecting eligibility or level of benefits to the executive office or its agents, for the purpose of causing any person, including the person making such representations, to be eligible for emergency housing assistance, shall be punished by a fine of not less than two hundred nor more than five hundred dollars or by imprisonment for not more than one year.Nothing in this section shall be construed as preventing the institution of criminal proceedings for the violation of any other law of the commonwealth.(E) Any vendor under the emergency housing assistance program administered by the executive office shall submit to the executive office, within six months of the last day of the month in which such service was rendered, a bill for the same. For the purposes of this chapter a vendor shall be any person or institution providing services in connection with any assistance program administered by the executive office. All vouchers submitted by a vendor shall be signed under the penalties of perjury.(F) There shall be within the office of the chief counsel a division of hearings for the purpose of holding the hearings referred to herein and rendering decisions. Said division shall be under the supervision of a hearings manager appointed by the secretary and shall be independent of all other divisions and personnel of the executive office.Any person aggrieved by the failure of the executive office to render adequate aid or assistance under the emergency housing assistance program administered by the executive office or to approve or reject an application for aid or assistance thereunder within forty-five days after receiving such application, or aggrieved by the withdrawal of such aid or assistance, or by coercive or otherwise improper conduct on the part of the emergency housing assistance program staff, shall have a right to a hearing, after due notice, upon appeal to the secretary.A hearing held pursuant to this section shall be conducted by a hearing officer designated by the hearings manager and shall be conducted as an adjudicatory proceeding under chapter 30A. The executive office shall offer the person appealing the option to hold the hearing: (a) such that the hearing officer, person appealing and executive office representatives shall be in 1 location for the hearing and such location shall be convenient to the person appealing; (b) telephonically; or (c) through other available means such as videoconferencing. The person appealing shall have the right to choose among these options. No employee shall review, interfere with, change or attempt to influence any hearing decision by a hearing officer. The hearings manager shall be responsible for the fair and efficient operation of the division in conformity with state and federal laws and regulations and may review and discuss with the hearing officers such decisions solely in order to carry out this responsibility. The hearing manager shall be responsible for the training of hearing officers, scheduling of hearings and the compilation of decisions. The hearings manager may grant a request by the person appealing for a remand of the decision to the hearings officer who made the initial decision or another hearings officer for reconsideration of an initial decision. The final decision of the hearing officer shall be the decision of the executive office.A hearing officer shall render and issue his decision within ninety days after the date of the filing of the aggrieved person's appeal, except that when an aggrieved person appeals the rejection of his application for aid or assistance, or the failure to act on said application, or the failure of the executive office to render assistance to meet an emergency or hardship situation, the hearing officer shall render and issue the decision within forty-five days after the date of filing of said appeal. The decision of the executive office shall be subject to review in accordance with the provisions of chapter thirty A.When a timely request for a hearing is made because of a termination or reduction of assistance that has been provided on the basis of a final determination of eligibility, involving an issue of fact, or of judgment relating to an individual case, between the agency and the appellant, assistance shall be continued during the period of the appeal. If the decision is adverse to the appellant, assistance shall be terminated immediately. If assistance has been terminated prior to a timely request for a hearing, assistance shall be reinstated.The executive office shall ensure that a hotel or motel under contract to provide emergency housing assistance to individuals receiving benefits under this section shall provide access to all common and recreational areas otherwise accessible to hotel or motel guests under the same terms and conditions as those generally available to hotel or motel guests.[ Subsection (G) added by 2024, 88, Sec. 3 effective June 1, 2024. See 2024, 88, Sec. 27.](G)(1) For the purposes of this paragraph, the following words shall, unless the context clearly requires otherwise, have the following meanings:"Approved training program'', an existing training program the secretary of administration and finance, in consultation with the secretary of labor and workforce development, deems sufficient to provide skills and resources to individuals in the emergency housing assistance program, including, but not limited to: workforce and career technical skills training, pursuant to item 1599-2037 of section 2A of chapter 102 of the acts of 2021; high-demand workforce training programs, pursuant to item 1599-2041 of said section 2A of said chapter 102; the manufacturing pilot program, established pursuant to item 7002-0020 of section 2 of chapter 28 of the acts of 2023; the Learn to Earn Initiative program, established pursuant to item 7002-1080 of said section 2 of said chapter 28; 1199 SEIU training, pursuant to item 7003-0608 of said section 2 of said chapter 28; Massachusetts AFL-CIO Workforce Development Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28; and shelter workforce development initiative, pursuant to item 7004-0109 of said section 2 of said chapter 28; provided, that the approved training program shall be available to individuals in non-state-funded overflow emergency shelter sites and state-funded overflow emergency shelter sites."Authorized training program'', as defined in paragraph (1) of subsection (dd) of section 6 of chapter 62."Case management'', participating in individualized state-provided or sponsored services to help move the family or pregnant woman toward independence, including, but not limited to: participating in workforce training; submitting job applications; taking English classes; or engaging in a search for housing."Imminent placement in housing'', expected and provided in writing by the executive office that the family shall obtain housing not later than 1 month from the date on which the extension is sought."Non-state-funded overflow emergency shelter site'', any overflow site that is funded through a nonprofit or other non-state entity for eligible families that have been waitlisted for placement at an emergency shelter as a result of the emergency housing assistance program reaching capacity at 7,500 families, as identified in the Emergency Assistance Family Shelter declaration issued by the secretary of housing and livable communities on October 31, 2023, and the extension of the declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office of housing and livable communities on October 31, 2023, and accompanying guidance issued pursuant to said declaration and 760 CMR 67.10."State-funded overflow emergency shelter site'', any state-funded overflow site, including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of the acts of 2023, for eligible families that have been waitlisted for placement at an emergency shelter as a result of the emergency housing assistance program reaching capacity at 7,500 families, as identified in the Emergency Assistance Family Shelter declaration issued by the secretary of housing and livable communities on October 31, 2023, and the extension of the declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office of housing and livable communities on October 31, 2023, and accompanying guidance issued pursuant to said declaration and 760 CMR 67.10.(2) The executive office shall complete an individual rehousing plan and case management for all families and pregnant women receiving benefits through the emergency housing assistance program. The executive office shall ensure, every 60 days, that all families and pregnant women who have been in the emergency shelter system for at least 2 months are compliant with case management and rehousing efforts. If the executive office certifies that a family or pregnant woman with no other children is not compliant as required by this paragraph, the family or pregnant woman shall not be eligible for continued participation in the emergency housing assistance program.(3) A family with children or a pregnant woman with no other children that receives benefits through the emergency housing assistance program shall, subject to appropriation and rules and regulations, remain eligible for the program for not more than 9 consecutive months; provided, however, that after a family with children or a pregnant woman with no other children that receives benefits through the emergency housing assistance program and has received benefits for 9 months, the executive office shall review the recipient's eligibility status for up to 2 extensions of up to 90 days each pursuant to subparagraph (4).(4) Families and pregnant women with no other children shall be eligible for the program for not more than 2 extensions, for a period of up to 90 days each, if eligible individuals in the family are:(a)(i) employed; or (ii) participating in an: authorized training program; or approved training program; or(b)(i) qualified as a veteran under clause forty-third of section 7 of chapter 4 who is not enrolled in services specifically tailored to veterans, including, but not limited to, those administered by the executive office of veterans services; (ii) a family or pregnant woman with imminent placement in housing; (iii) seeking to avoid educational interruptions for a child or children enrolled in public schools; (iv) pregnant or recently having given birth; (v) diagnosed with a disability or documented medical condition; (vi) a single parent, stepparent, legal guardian or caretaker caring for a disabled child or family member; (vii) a single parent, stepparent, legal guardian or caretaker caring for a child or children with insufficient child or dependent care necessary to obtain employment or continue employment; (viii) at imminent risk of harm due to domestic violence; or (ix) satisfying any additional criteria the secretary of housing and livable communities deems necessary pursuant to said guidance issued by the secretary of housing and livable communities on October 31, 2023.(5) Notwithstanding the limitations established in subparagraphs (3) and (4), a family or pregnant woman with no other children may receive additional extensions upon written certification of hardship by the secretary.(6) The executive office shall limit the number of families and pregnant women to be terminated from the emergency housing assistance program in any week due to reaching the durational limit; provided, that not more 150 families shall be terminated from the emergency housing assistance program in any week. The executive office shall provide notice not less than 90 days prior to the termination of benefits for each family and pregnant woman.(7) The executive office shall promulgate regulations or guidance for eligibility which shall: (a) establish procedures for the termination of benefits pursuant to this paragraph, including for a hardship waiver under subparagraph (5); and (b) allow a family with children or a pregnant woman with no other children to reapply for the emergency housing assistance program; provided, that eligibility determinations when reapplying for the program shall be consistent with the guidance issued by the secretary of housing and livable communities on October 31, 2023, entitled "Emergency Assistance Program Guidance on Waitlist and Prioritization Procedures pursuant to Capacity Declaration dated October 31, 2023'' pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office of housing and livable communities on October 31, 2023.(8) The executive office shall provide printed handouts to families with children and pregnant women receiving benefits through the emergency housing assistance program which shall include, but shall not be limited to, information about: (a) authorized training programs; (b) approved training programs; (c) food resources, including food pantries; (d) services offered by resettlement agencies; (e) other housing programs; (f) other nonprofit or available resources the executive office deems necessary or helpful; and (g) duration of stay limit and extension process. All written information shall be translated into multiple languages and shall be available on the executive office's website.(9) This paragraph shall apply during any period in which the secretary of housing and livable communities has determined that the shelter system is no longer able to meet all current and projected demand for shelter from eligible families considering the facts and circumstances then existing in the commonwealth.