138.8 Emergency Shelter Allowances (Income and Resource Eligibility)

Emergency shelter assistance is available to assist homeless or near homeless families or persons who need financial assistance to:   

 55 Pa. Code § 289.4(a)(2)        OPS-10-01-04 Processing Emergency Shelter Allowances (Linked July 8, 2010)

 

138.81 Eligibility

To qualify for emergency shelter assistance, the family or person must meet the applicable financial and non-financial conditions of eligibility in:

NOTE:  A family or person may receive emergency shelter assistance in addition to their regular cash assistance grant. The allowance for emergency shelter is exempt from treatment as income for cash assistance programs. Emergency shelter may be exempt for Medical Assistance or SNAP depending on the program rules for special allowances.

When more than one budget group resides or intends to reside in a common residence, the total gross annual income and readily accessible resources, if applicable, of each budget group are counted in determining eligibility and need for the payment.     

 55 Pa. Code § 289.3(a)(2)

Compare the total income to the applicable income limit for the total number of people in both budget groups. If an emergency shelter allowance is issued, the budget groups should be given as equal an amount as possible.

Example: Mrs. Jones and her two children receive TANF. They reside with Mrs. Clay and her child who receive TANF. Both budget groups are eligible for a shelter allowance. The total amount needed to resolve the emergency is $300. The CAO will compare the total of both monthly TANF grants to the applicable income limit for a family of five. If the budget groups are eligible, the $300 is divided between the two budget groups. Each is a resource to the other.

138.811 Limitation on Eligibility

An emergency shelter allowance (ESA) may be granted only during one consecutive 30 calendar day period every 12 consecutive months. The allowance is limited to the maximum benefit amount by type of allowance in the 30 consecutive days. The 30-day period and 12-month period begin on the ESA initial authorization date.    

  55 Pa. Code § 289.3(c)

Example: A person received an ESA on November 15, 2009. Twelve full months from the date of authorization must elapse before he or she may receive another ESA benefit. The person is not eligible for an ESA until November 15, 2010.

More than one type of shelter allowance may be given during the 30-day period. For example, a family may receive an ESA to prevent eviction and then encounter a natural disaster which destroys the home. The family could receive another ESA to get permanent or temporary housing as long as both authorizations occur within the same 30-day period. When the 30 calendar day period ends, the family does not qualify for an ESA until 12 months after the date of initial authorization.

An ESA is given on a budget group basis. If a member received a shelter allowance within the 12-month period as a member of another budget group, the CAO may authorize emergency shelter for the member’s current budget group if the other budget group members did not receive a shelter allowance within the preceding 12 months.

NOTE:  Receipt of a diversion payment does not affect ESA eligibility whether in the past 12 months or earlier.

138.812 Financial Eligibility - Income

Financial eligibility is based on the budget group's total gross annual income. This annual income limit is established as 80 percent of the current Federal Poverty Income Guidelines for persons under age 21 or families with a child under age 21. See Appendix F for income limits.

NOTE:  To qualify under this income limit, the person under age 21, within the six months prior to the month of emergency, must have lived with a specified relative or a person who meets the definition of a specified relative. See Chapter 127, Specified Relatives. The specified relative must have maintained the place of residence as his home.     

 55 Pa. Code § 289.3(a)(1)

The following persons and families must be financially eligible for or be receiving GA-related NMP Medical Assistance benefits:     

 55 Pa. Code § 289.3(b)(1)

NOTE:  Unborn children are not counted when determining if a child under 21 years of age is in the household.

NOTE:  An SSI or RSDI recipient with no children will qualify for an ESA only if he or she would qualify financially for GA-related NMP Medical Assistance. Count SSI and RSDI income in this determination.

NOTE:  Families receiving TANF cash assistance (C, U) with no other income except for support pass-through payments are automatically income eligible. The CAO need only verify current public assistance status.

For current public assistance recipients in a category (TANF, SNAP or Medical Assistance) that does not establish automatic income eligibility, the CAO will determine gross annual income with information obtained from CIS or from the applicant's case record.

NOTE:  The CAO will complete an Emergency Shelter Assistance Eligibility Determination form for ESA applicants who are current recipients of public assistance. These applicants are not required to complete a PA 600.

Families of persons who are not current recipients of public assistance must verify gross income within the applicable emergency shelter assistance income guidelines.

NOTE:  Persons who are not current recipients of public assistance must complete a PA 600.  

 55 Pa. Code § 289.3(a)(2) and (b)(1)

Income is total gross annual cash receipts a family or budget group has from all sources before deductions including:

Income does not include:     

 55 Pa. Code § 289.3(a)(2) and (b)(1)

Also excluded are noncash benefits, such as:

Annual gross income is determined prospectively, as follows:

Step 1: Take actual gross income in the application month and multiply by 12.

Step 2: Compare the result to the 80 percent Federal Poverty Income Guidelines (FPIG) income limit for the family size in Appendix F.

Authorize an ESA if the family is eligible after completing steps 1 and 2.  If the family is not eligible after completing steps 1 and 2, follow step 3 to determine ESA eligibility.

Step 3: Take the actual and estimated gross income for the 12-month period, beginning with the month of application and compare it to the 80 percent FPIG income limit for the family in Appendix F.

Narrate which method was used to determine eligibility.

Example: Ron, his wife and two minor children are facing eviction. He applies for an ESA in July 2009. Ron earns $300 per week at his job. The household reports no other source of income. Income verification confirms the wages and that the pay is received weekly. Ron will receive five pays in July. Calculate the family’s income as follows:

Next, determine the family’s eligibility:

The family would meet the income eligibility criteria for an ESA.

138.813 Financial Eligibility - Resources

There is no resource limit for persons under age 21 or families with children under age 21. The following persons and families must meet the resource limit for GA-related NMP Medical Assistance:

   55 Pa. Code § 289.3(b)(2)

138.814 Non-Financial Eligibility

To be eligible, the person or family must intend to remain a resident of Pennsylvania. ESA applicants must also meet requirement #16 of Section 104.3, Screening Interview, regarding persons who have been sentenced for a felony or misdemeanor and have not satisfied the penalty imposed by the court. This applies to all cash programs.

An ESA is a fixed payment not based on household size. If an ineligible family member resides in the house but is not part of the applicant/recipient group, the CAO may authorize an ESA to meet the needs of the rest of the household if all other eligibility criteria are met.

The CAO will not authorize an ESA if the emergency is the result of a refusal to accept employment or training without good cause by either a child or an adult budget group member who is not exempt from employment and training requirements. See Chapter 135, Employment and Training Requirements.   

 55 Pa. Code § 289.3(b)(2)

For persons who are not current recipients of public assistance, verify and record:

NOTE:  Enumeration is required for persons age 18 and over and anyone who is a head of household even if under age 18.

NOTE:  For an active public assistance recipient, age, Social Security number, income and liquid resources need not be re-verified.

NOTE:  Cooperation with support requirements is not an eligibility requirement for an ESA.

138.82 Eligibility for an Emergency Shelter Payment

A person or family may qualify for emergency shelter assistance:

 55 Pa. Code § 289.4(a)(2)(iii)(A)

138.821 Emergency Situations

“Emergency” is defined as circumstances creating a breakdown of a person or family in meeting basic needs and resulting in a need for immediate action to avoid destitution of or harm to the person or minor children residing in the family unit.     

 55 Pa. Code § 289.2

It is considered an emergency if the family or person is considered homeless and in need of permanent living quarters. Homelessness includes, but is not limited to, situations where the family or person is:    

   55 Pa. Code § 289.4(a)(2)(iii)(A)–(C)

Families who are close to becoming homeless due to an impending eviction or foreclosure may qualify for emergency shelter assistance if the nonpayment of rent or mortgage, or other reason for eviction/foreclosure, is the result of an emergency.

Examples:

Families who need temporary shelter may qualify for emergency shelter assistance when the home has been determined to be unfit for human habitation because of an emergency or disaster, such as a fire, flood, faulty furnace or plumbing, or the person or family must leave the permanent residence because of a domestic violence situation.

NOTE:  The allowance for temporary housing may not be appropriate if repairs to the prior home cannot be made within a reasonable period of time. The CAO should encourage the person to seek other more permanent housing in such situations. The person may be eligible for more emergency assistance (EA) benefits if more permanent housing is obtained within the 30-day period of EA eligibility.

138.822 Amount Needed to Resolve the Emergency

The amount of the ESA alone or when added to other sources of housing assistance or resources available to the applicant must be sufficient to resolve the shelter emergency.

The CAO must consider readily accessible resources in determining whether the person has sufficient funds to resolve the emergency. Readily accessible resources include cash, savings bonds, stock certificates or other liquid assets available to the family or budget group within 24 hours, but not later than 72 hours if conversion is delayed by a weekend or holiday.

Readily available resources do not include those that will cause undue hardship if liquidated or those that will be sold for less than fair market value within the time necessary to help resolve the emergency.

NOTE:  Readily available resources must be used to resolve the emergency if they are not necessary to meet basic living needs, such as food, clothing, utilities, and the like, or funds needed to provide transportation.

The ESA and the readily accessible resources should, whenever necessary, be combined with other sources of financial assistance to resolve the emergency. Other sources of assistance may include:

Example: A woman with one child is temporarily residing in a shelter for abused women. The stay is limited to 30 days. The CAO advises her of an ESA. She provides documentation of an apartment she can rent for $150 per month plus $150 security deposit. With CAO assistance, she arranges a $100 donation from a local church group and gets the new landlord to agree to accept the remaining $100 of the security deposit as an additional $10 monthly charge for the next 10 months. The CAO will authorize an ESA in the amount of $100. 

138.823 Guarantee of Shelter

138.824 Ability to Pay Future Rent

The ESA is intended to prevent, not just delay, eviction or foreclosure. The amount of the ESA by itself, or combined with other sources of housing assistance and available resources, must be sufficient to prevent eviction or foreclosure or to obtain permanent housing or temporary shelter.    

  55 Pa. Code § 289.4(a)(2)(iii)(A)

Prior to authorization, the person must provide documentation to substantiate that payment will prevent eviction or foreclosure or will secure permanent housing or temporary shelter. The CAO should review the person’s entire situation to determine if the payment will prevent eviction or secure housing.

ESA regulations do not include specific requirements regarding the person’s income in relation to the amount of the rent or mortgage. Regulations do require that the ESA payment be authorized only if it will prevent eviction or foreclosure. The person must demonstrate to the CAO that receiving an ESA will prevent, not just delay, eviction or foreclosure.

A person has the ability to pay future rent as long as the household’s current or anticipated income is more than the monthly rent, mortgage payment, or shelter payment.

NOTE: The amount of the person’s current or anticipated monthly income in relation to the rent is one factor to consider in determining eligibility for an ESA.

There may be additional factors that would affect prevention of eviction. Factors may include, but are not limited to, other anticipated income or other arrangements, the landlord’s statement regarding the eviction, or other circumstances. It is important that the CAO review all factors in each situation to determine whether the ESA payment will prevent eviction or foreclosure or secure housing. This should be the basis for authorizing or denying an ESA payment.

138.83 Types of and Amounts for Shelter Allowances

If the CAO determines that an applicant family or person meets the applicable financial and non-financial conditions for an ESA (Section 138.812Section 138.814) and the ESA eligibility conditions (Section 138.82), it will authorize an allowance to meet the following shelter needs:

1. To provide permanent living quarters.

NOTE:  Unborn children are not counted when determining if a child under 21 years of age is in the household.

2. To prevent eviction or foreclosure.

NOTE:  The allowance for shelter is limited to rent, mortgage, rent with utilities included, or the cost of a security deposit. An ESA may be for a single month's rent (could be current month), rent arrearages, or future needs related to the current crisis as long as the payment is made within the 30 day period of eligibility.

NOTE:  An ESA cannot be issued for outstanding property taxes.      

55 Pa. Code § 289.4(a)(2)(i)

3. To provide temporary shelter including when a dwelling is uninhabitable, when a dwelling has been condemned as a result of a disaster, or when the family had to leave a permanent residence because of a domestic violence situation.

138.84 Verification

The CAO will verify the applicant’s eligibility for emergency shelter assistance based on information provided by the applicant or available to the CAO.

The applicant is required to cooperate with the CAO in the verification process. The person must cooperate in providing information about the emergency situation. The person must:

For example, an applicant has cooperated when he/she provides the name and phone number of any person (landlord, shelter, friend or relative who is providing temporary shelter, city codes official, social worker, or church) who is familiar with the applicant’s circumstances, and can provide information confirming one or more factors of eligibility for an ESA.

The CAO will record its determination and supporting reasons in the case record.

138.841 Verification of Non-Housing Eligibility Factors

See Section 138.812Section 138.814 for verification policy and procedures.

138.842 Verification of Emergency Housing Need Factors

The CAO may verify emergency housing need eligibility factors through collateral contacts or with documentation. Families with a housing emergency may not have documentation of their circumstances when they arrive at the CAO for help. It may also be difficult for families to obtain needed documents from an evicting landlord. The CAO should use collateral contacts whenever possible to assist the applicant family or person in establishing eligibility for an ESA. Documentation of emergency housing need eligibility factors is acceptable verification, but is not required when the factor in question can be established through a collateral contact.

138.843 Verifying the Emergency

The CAO must determine whether the family or person is homeless or near homeless. This may be determined through a collateral contact with an evicting landlord, a city codes inspector, a shelter provider, or other person familiar with the family’s circumstances. Documentation such as a letter from a shelter, a city code inspection report, an eviction notice, or a D.J. judgment is acceptable verification, but is not required.

For situations requiring temporary shelter, evidence that the home is unfit for human habitation may include:

In the case of domestic violence, the person’s statement is acceptable evidence of the need to secure other housing.

138.844 Verifying the Amount Needed to Resolve the Emergency And Guarantee of Shelter

The CAO must determine the amount needed to prevent eviction/foreclosure or to secure permanent housing or temporary shelter. The CAO may determine this through a collateral contact to the landlord, mortgagee, or shelter provider. Documentation of the amount needed, such as the landlord’s written statement, is acceptable verification, but is not required. CAO workers are encouraged to negotiate with landlords, on behalf of applicants, to reduce the amount that the landlord will accept to avoid eviction.

NOTE:  In counties with HAP Rental Assistance Program agencies, the CAO will contact HAP when necessary and arrange for the applicant to combine the ESA payment with HAP funds to obtain the amount of financial assistance needed to resolve the housing emergency.

The CAO must also confirm that the landlord, mortgage, or shelter provider agrees not to evict or foreclose on the applicant, or agrees to provide permanent housing or temporary shelter to the applicant, in exchange for the ESA or combined ESA/HAP payment. This may be confirmed through a collateral contact with the landlord or shelter provider. A written statement of the agreement is acceptable verification, but is not required.

138.85 Procedures for Processing Emergency Shelter Assistance Requests

Persons not currently receiving any other public assistance benefits must submit a PA 600.

A face-to-face interview is not required to apply for an ESA.

If a person calls to inquire about financial assistance to prevent eviction/foreclosure or to obtain permanent housing or temporary shelter, the CAO should arrange to conduct the interview the same day that the applicant requests an ESA. When possible, the CAO must offer the applicant an opportunity for an interview on the next work day. The CAO must advise the applicant that:       

 OPS100104 Processing Emergency Shelter Allowances (Linked July 8, 2010)

A person who comes into the CAO during business hours seeking financial assistance to prevent eviction/foreclosure or to obtain permanent housing or temporary shelter must be allowed to apply for an ESA that day.

The CAO will document the date and time of each application for an ESA.

Processing Applications:

Example: A family applies for an ESA on April 1. The CAO must issue a written decision approving or denying the application no later than April 8, seven calendar days following the  date of application. If the family is eligible for an ESA, the CAO must also complete all steps necessary to authorize payment no later than April 8.

Notice and Appeal Procedures:

The CAO will provide the appropriate written notice to the applicant on the day the eligibility decision is made. The CAO will inform the applicant family or person about its eligibility or ineligibility for an ESA in writing on a Notice to Applicant.

Applicants who are denied an ESA must be informed orally and on the written notice of ineligibility that they have the right to an agency conference with a CAO supervisor within two (2) workdays. This notice will include:

NOTE:  In some instances, the applicant will need the notice to secure service from another agency.

138.86 Emergency Shelter Assistance Coordinator

Each CAO will designate an ESA coordinator to be responsible for ensuring that all ESA requests and applications are processed using the procedures in Section 138.85. The ESA coordinator will also be responsible for coordinating ESA services with housing services of other agencies as provided below.

138.861 Coordination with HAP Agencies

In counties with HAP agencies, the ESA coordinator is responsible for contacting the HAP agency and arranging for ESA payments to be combined with available HAP funds when an applicant needs more than the maximum ESA payment to resolve the emergency housing needs.

The ESA coordinator (or designee) will contact the HAP agency by phone (or other expedient method if a phone contact cannot be made) and inform the HAP agency that the applicant is eligible for an ESA, but requires more than the maximum ESA payment in order to resolve the emergency. The applicant family or person will be considered automatically eligible for a HAP payment, subject to the availability of HAP funds, up to the difference between the maximum ESA payment and the maximum HAP grant.

NOTE:  The only determination the HAP agency must make before issuing a voucher is whether or not the ESA eligible family or person has received a HAP payment within the preceding 24 months.

Example: A homeless family meets the income guidelines and housing need criteria for an ESA payment for permanent housing. The amount needed for the first month’s rent and security deposit is $600. This exceeds the maximum ESA payment of $300. The ESA coordinator will contact the HAP agency and request that a HAP voucher for the additional $300 (subject to availability) be issued immediately to the family to resolve the emergency housing need.

138.862 Coordination with Non-HAP Agencies

The ESA coordinator (or designee will assemble a list of non-CAO resources for use in alleviating the need for emergency shelter and is responsible for making sure this information is provided to:

In addition, the ESA coordinator will: Coordinate provisions of emergency housing services with other agencies such as the Red Cross or Salvation Army in cases where the applicant is not eligible for an ESA or needs the assistance of both agencies to alleviate the emergency.

138.87 Emergency Shelter Assistance Issuance Procedures

The CAO will transact all ESA issuances using one-time issuance procedures.

138.871 ESA eCIS Issuance Procedures

Enter recipient’s data using the appropriate cash OTI procedures:

NOTE:  If only a medical assistance category or SNAP is opened, use an “E” category for the emergency shelter payment. If a cash category is opened, use the cash category and the appropriate reason code for the OTI.

The preferred method of payment is to make the ESA payable to a vendor or a restricted endorsee. Payment may be made directly to the person if the other two methods cannot be used. Vendor payments must be made through the central OTI process using an authorized vendor payment identification number.

Enclose a copy of the new PA 1864 form with the check.

The Executive Director or designee must approve the ESA in advance. The CAO must record the approval in the case record.

138.872 ESA Reason Codes

119

$300 for persons under the age of 21 or to families with children under the age of 21. (Provide permanent living quarters (Federal/State))

120

$100 for persons age 21 and older or families with persons age 21 and over (or under age 21, but not eligible under Federal/State program). (Provide permanent living quarters (State))

121

$400 for persons under the age of 21 or to families with children under the age of 21. (Prevent eviction (Federal/State))

122

$300 for persons 21 years of age and older or families with persons age 21 and over (or under age 21, but not eligible under Federal/State program). (Prevent eviction (State))

123

$100 for persons under the age of 21 or to families with children under the age of 21. (Temporary shelter disaster (Federal))

124

$100 for persons age 21 and older or families with persons age 21 and over (or under age 21, but not eligible under Federal/State program). (Temporary shelter disaster (State))

 

Reissued August 9, 2013, replacing July 30, 2013