Homelessness prevention programs

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The California Department of Social Services has issued information about various homelessness prevention programs.  CalWORKs diversion is a payment to help the family meet a short term need instead of receiving CalWORKs.  A diversion payment can be used to pay overdue rent to help prevent eviction or homelessness.  If a family accepts a diversion payment and needs to reapply for CalWORKs during a period equivalent to the months of aid a diversion payment would cover, the family must repay the diversion grant or those months count toward the CalWORKs time on aid clock.  Diversion recipients who reapply for CalWORKs are eligible for all housing services available to CalWORKs recipients.

Non-Recurring Short-Term Benefits is a lump sum payment to help address a family’s specific crisis or item of need.  Non-Recurring Short-Term Benefits is for a maximum of four months.  Non-Recurring Short-Term Benefits can be used for any accrued debts or liabilities that may be covered including rent.  There is no limit on the amount of benefits that can be provided. Families may provide sworn statements to document their need.  Counties may accept a verbal statement if the applicant is unable to provide a physical or electronic signature.

Family Stabilization provides intensive case management and services to CalWORKs families facing crisis.  Family Stabilization can be used to pay rent owed and provide additional services including case management, referrals to legal services and credit repair to prevent eviction or homelessness.

Permanent Homeless Assistance is available for families that are eligible for, apparently eligible for or receiving CalWORKs and are at risk of eviction or homelessness.  Permanent Homeless Assistance can pay up to two months back rent to prevent eviction once every 12 months with exceptions.  The monthly rent must be less than 80% of the family’s total monthly income.  Note not included in the letter that alternatively permanent homeless assistance can cover security deposit and first and last month rent.

Disaster Homeless Assistance is available for families that become homeless or are at risk of homelessness because of a state or federally declared natural disaster.  Disaster Homeless Assistance can include 16 days temporary homeless assistance or permanent homeless assistance.

Tribal TANF programs can provide eviction and homelessness prevention services.

CalFresh Employment and Training can provide housing stability services for recipients who are at risk of eviction of homelessness.  Federal reimbursement for subsidized housing is limited to no more than two months per year.

Refugee support services can provide emergency assistance, including housing and utility assistance if they experience job disruption, job loss, or other COVID-19 related challenges.

The Bringing Families Home program can pay overdue or ongoing rent for families experiencing or at imminent risk of homelessness who are involved with the child welfare system in counties that operate the program.  Bringing Families Home can also provide housing navigation, case management, and coordination with additional necessary services including legal services.

The Home Safe Program provides, in participating counties, assistance to persons involved in the Adult Protective Services system who are at risk of imminent homelessness because of elder or dependent adult abuse, neglect, self-neglect, or financial exploitation.  Home Safe Program assistance includes landlord engagement, case management, legal services, eviction protection, short-term financial assistance, heave cleaning and landlord mediation.  (ACWDL, January 14, 2021.)

Modifying CDSS required forms

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The California Department of Social Services (CDSS) states that they have learned that counties have been modifying required forms with proper consent.  Forms that are in the “Required Forms – No Substitute Permitted” category cannot be modified or restructured.  No changers can be made to a required form unless required for a computer system.  Reformatting or restructuring a required form for a computer can only be done with CDSS approval.  If a county wants to modify a required form, the county must submit a written request to CDSS before implementing the proposed changes.  (ACL 21-02, January 4, 2021.)

CAPI nonmedical out-of-home care payment standard

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The California Department of Social Services (CDSS) has released guidance and forms regarding the Cash Assistance Program for Immigrants (CAPI) nonmedical out-of-home care payment standard. The nonmedical out-of-home care payment standard is available to SSI and CAPI recipients who need nonmedical care or supervision and reside in eligible living arrangements.

For minors, qualified living arrangements are: a blind or disabled child who resides in a state licensed nonmedical out-of-home care facility, a disabled child living in the home of a relative or legal guardian/conservator who is not a parent, a blind child living in the household of a relative who is not a parent or legal guardian/conservator, a blind or disabled child living in a certified family home, or a youth who receives extended foster care after age 18 and resides in a licensed/certified foster care home.

For adults, qualified living arrangements are: an aged, blind or disabled individual/couple residing in a state licensed nonmedical out-of-home care facility, an aged, blind or disabled individual/couple living in a Family Home approved by a Family Home Agency acting on behalf of a California Regional Center, or an an aged, blind or disabled individual/couple in the household of a relative, conservator or guardian and receiving nonmedical care and supervision from a relative.

Living arrangements not eligible for nonmedical out-of-home care payment are an adult who owns their residence or has rental liability for their residence, an adult whose ineligible spouse is able and available and lives in the same household, an adult who resides with a non-relative who is not the claimant’s conservator or guardian, an adult who resides in a facility that is not a state licensed or approved Family Home facility, a disabled child living with their parent(s), a blind child attending school or training full time who lives with their parents, or a blind or disabled child who lives in a certified family home, foster family home or unlicensed group home.

CAPI claimants who qualify for both IHSS and nonmedical out-of-home care payment may receive either but not both.

A CAPI recipient eligible for nonmedical out-of-home care living in a licensed facility receives one payment standard.  A CAPI recipient eligible for nonmedical out-of-home care living with a relative, legal guardian or conservator is eligible for a lower payment standard.  (ACL 20-141, December 16, 2020.)

Transitional CalFresh guidance

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The California Department of Social Services (CDSS) has issued guidance regarding Transitional CalFresh.  Counties must automatically provide Transitional CalFresh to CalWORKs households who leave CalWORKs “in good standing.”  CalWORKs household that are eligible for Transitional CalFresh include CalWORKs households that are discontinued because the household exceeded income or resource limits, asked to close their case, a parent timed out or a child aged out, or disqualified because of a CalWORKs rule change.

Individual members if CalWORKs households are not eligible for Transitional CalFresh if they are approved for benefits in another state, sanctioned, disqualified for an Intentional Program Violation, ineligible for CalWORKs because of immigration status, discontinued for not providing necessary information or completing a periodic report, disqualified for knowing transfer to resources to maintain CalFresh eligibility, disqualified for duplicate CalFresh participation, disqualified from CalFresh for being a fleeing felon, or being in violation of conditions of probation or parole, or disqualified for not complying with Able Bodied Adults Without Dependents requirements.  Other members of the household are eligible for Transitional CalFresh.

If an entire CalWORKs household is denied Transitional CalFresh, the county must assess whether the entire household or individual members are eligible for regular CalFresh.

The maximum Transitional CalFresh benefits period is 5 months. The Transitional CalFresh allotment is based on the CalFresh allotment prior to the CalFresh discontinuance adjusted for the loss of CalWORKs income.  Additional income is not considered.  The benefit amount is based on information already available to the county.  The county cannot contact the household to establish Transitional CalFresh eligibility or amount.

During the Transitional CalFresh period, the benefit allotment is frozen.  Households do not need to report changes, and counties do not need to act on third party information.

At any time during the Transitional CalFresh period, the household may reapply for regular CalFresh by completing the CalFresh recertification process. The county must evaluate the application and inform the household if the regular CalFresh allotment would be lower and give the household the chance to withdraw their application.

Households restoring CalWORKs and CalFresh benefits within 30 days of the CalWORKs discontinuance do not need to submit a new CalFresh application.  In cases where a CalWORKs discontinuance is rescinded, there cannot be a CalFresh overissuance because the Transitional CalFresh benefit is determined based on information available at the time.

Any Transitional CalFresh household member who returns to CalWORKs during the Transitional CalFresh period must be recertified before receiving regular CalFresh.

(ACL 20-129, January 6, 2021.)

VAWA for Rural Development tenants

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The United States Department of Agriculture has issued guidance regarding the Violence Against Women Act (VAWA).  This guidance applies to Section 515 Rural Rental Housing, Section 514/516 Farm Labor Housing, Section 538 Guaranteed Rural Rental Housing, and Section 533 Housing Preservation Grant programs.

VAWA protects domestic violence victims from being denied admission to, denied assistance under, termination from participation, or eviction from covered housing programs if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.

Criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking cannot be cause for termination of assistance, tenancy or occupancy rights of the victim.

Borrowers should allow extended absences per current policy including for the benefit of domestic violence survivors.

Borrowers must respond and consider allowing tenants to transfer another Rural Development unit if they reasonably believe they are facing an actual and imminent threat of domestic violence, dating violence, sexual assault, or stalking.  Rural Development will issue a letter stating the tenant may get priority placement in an available Rural Development unit.  Requests to transfer to an external unit when a Rural Development unit is not available must also be urgently handled.

Borrowers must distribute the HUD-5380 Notice of Occupancy Rights, and HUD-5382 Certification of Domestic Violence form to all applicants and tenants when an individual is denied residency, when assigned a unit, and with any notice of eviction or termination of assistance.

Borrowers should prioritize victims’ requests and process emergency transfers and lease bifurcations as quickly as possible.  This includes accepting verbal statements, or accepting self-certification of the domestic violence incidents.  Evictions, lease bifurcations, and terminations of assistance against victims because of an actual and imminent threat should only be used when there is no other action to reduce the threat.  When processing bifurcation, Borrowers should consider allowing more time to demonstrate eligibility for other programs.

Borrowers should consider adopting a preference for admission and make every effort to accept admission applications from victims at any time, even when the waiting list is closed.

Technology should be used to allow survivors to safely testify at hearings when their housing subsidy is at issue.  (United States Department of Agriculture Unnumbered Letter, November 23, 2020.)

COVID-19 Emergency Rental Assistance Program

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The Emergency Rental Assistance Program in the Continued Assistance Act makes available $25 billion to assistant households that are unable to pay rent and utilities because of COVID-19.  Payments will be made directly to states, U.S. Territories, local governments with more than 200,000 residents, the Department of Hawaiian Home Lands, and Indian Tribes.  Not less than 90 percent of awarded funds must be used for direct financial assistance.  The remaining funds are available for housing stability services.

An eligible household is a renter household in which at lease one or more individuals 1) qualify for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced financial hardship because or COVID-19, 2) demonstrates a risk of homelessness or housing instability, or 3) has a household income at or below 80 percent of the area median.

Eligible households that include an individual who has been unemployed for 90 days, and households with income at or below 50 percent of the area median are to be prioritized.

Eligible households may receive up to 12 months of assistance, plus an additional 3 months if the grantee determines the extra months are needed to ensure housing stability and grantee funds are available.

Payment of existing housing-related arrears that could result in eviction of an eligible household is prioritized.  Assistance must be provided to reduce an eligible household’s rental arrears before the household may receive assistance for future rent payments.  Once a household’s rental arrears are reduced, future assistance can be provided for only three months at a time.  Households can reapply for additional assistance at the end of the three-month period if needed and the overall time limit for assistance is not exceeded.

An application for rental assistance can be submitted to the grantee by either an eligible household or be a landlord on behalf of the household.  Funds will be paid directly to the landlords and utility service providers.  If a landlord does not want to participate, funds may be paid directly to the eligible household.  (Emergency Rental Assistance Program, United States Department of the Treasury.)