760 CMR, § 65.03

Current through Register 1533, October 25, 2024
Section 65.03 - Eligibility for Program Participation
(1) A family shall be eligible for STHT assistance if it is a homeless family or a family imminently at risk of becoming homeless that is eligible for temporary emergency family shelter pursuant to 760 CMR 67.06(1) and (2), and is not ineligible pursuant to 760 CMR 65.03(2). Eligibility determinations for STHT benefits shall be made by the Department or the Department's designee. The head of household of a family referred to STHT but who has not yet received a benefit determination or who is appealing a benefit determination shall inform the administering agency at all times of current contact information, including address and telephone numbers. Unless an address change is requested by such head of household, the administering agency shall use the most recent address on file for the family for any necessary communications.
(2) A family shall not be eligible for STHT assistance:
(a) until it has completed all documentation determined necessary for receipt of STHT benefits by the Department; or
(b) if the family is receiving Emergency Assistance temporary emergency shelter benefits pursuant to 760 CMR 67.06: Temporary Emergency Shelter. A family who is ineligible under 760 CMR 65.03(2)(b) may become eligible for STHT if it:
1. is receiving benefits from the Emergency Assistance temporary emergency shelter program and has received a written referral (which may include a document in electronic format) to STHT by the Department or a designee of the Department; and
2. has not been served with a Notice of Termination pursuant to 760 CMR 67.06(6). If such a notice has been rescinded by the Department or overruled by the Department's Hearings Division, such notice of noncompliance shall not be considered in determining eligibility pursuant to 760 CMR 65.03(2).
(3)
(a) No member of a Participant Family shall be eligible for STHT household assistance until 12 months have passed from the last date on which STHT household assistance benefits were provided to, or payments made on behalf of, the Participant Family. For purposes of 760 CMR 65.03(3), the last date of receipt of benefits is the date that the Participant Family has:
1. received its annual maximum STHT Household Assistance benefit; or
2. in the case of STHT Household Assistance Participant Families that do not utilize the maximum STHT benefit within the benefit year, received the final benefit payment (excluding any payments made solely for stabilization services) on its behalf during a benefit year.
(b) For purposes of 760 CMR 65.03(3) any minor under the age of 18, if otherwise part of a family headed by an adult eligible under 760 CMR 65.06(3), may receive STHT rental assistance benefits for not more than 24 successive months, up to the age of 18. An adult Participant, over the age of 18, may receive benefits pursuant to 760 CMR 65.03(3), only if:
1. the family includes a minor under the age of 21 who is eligible under this provision; and
2. no member of the family has received STHT benefits for more than 24 successive months.
(c) For all STHT Participant Families, the 24 successive month period shall commence on the first date for which STHT benefits were paid to or on behalf of the family, excluding temporary accommodations received prior to a family's first receipt of any other STHT benefit, and shall terminate 24 months from that date.
(4)
(a)
1. Any member of a Participant Family that is terminated from receipt of benefits under 760 CMR 65.03 for cause pursuant to 760 CMR 65.05(1) or that otherwise did not make a good faith effort to follow its housing stabilization plan during the term of its assistance shall be ineligible for further benefits under 760 CMR 65.00 or through Emergency Assistance 760 CMR 67.00, for 24 months from the end of the last month for which STHT benefits, including, but not limited to, stabilization services, were provided to the Participant Family.
2. Ineligibility for STHT or Emergency Assistance pursuant to 760 CMR 65.03(4)(a)1. on the basis of termination from STHT pursuant to 760 CMR 65.05, shall be determined conclusively by the department as of the effective date of the STHT termination. Ineligibility for STHT or Emergency Assistance pursuant to 760 CMR 65.03(4)(a)1. on the basis of failure to make a good faith effort to follow a Participant Family's housing stabilization plan, when such Participant Family has not been terminated from STHT pursuant to 760 CMR 65.05, shall be determined by the department at the time of application whenever an applicant family contains a family member who was a member of an STHT Participant Family in the 24 months preceding an application for Emergency Assistance benefits under 760 CMR 67.00: Eligibility for Emergency Assistance (EA). Only conduct that would warrant termination from STHT for violation of 760 CMR 65.05, but that did not result in the issuance of notice of termination, shall be sufficient to render an applicant family ineligible for STHT or Emergency Assistance pursuant to 760 CMR 67.03(4)(a)1.
(b) After a family has been terminated from participation in the STHT program without cause pursuant to 760 CMR 65.05(2) or for exceeding maximum income requirements pursuant to 760 CMR 65.05(1)(r), no member of that family will be eligible to receive STHT benefits for 12 months from the last date for which benefits, aside from stabilization services, were provided to, or payments made on behalf of, the Participant Family pursuant to 760 CMR 65.03(3)(a).
(5)760 CMR 65.03(3) and (4) shall not apply to Participant Families in which the Participant is over 60 years of age or is disabled and in compliance with the requirements of a housing stabilization plan that accommodates the Participant's disabilities, unless the Participant Family is terminated for cause pursuant to 760 CMR 65.05(1) for activity that threatens the health, safety or security of the family, other program participants or program staff. Disability under 760 CMR 65.03(5) may be verified by receipt of benefits based on disability from the United States Social Security Administration or the Department of Transitional Assistance or upon demonstration through adequate medical documentation of qualification as a "handicapped person" pursuant to M.G.L. c. 151B.
(6) Until the Participant has entered into a Participation Agreement approved by the administering agency, the family will not be eligible to receive STHT rental assistance or household assistance benefits. As soon as reasonably possible thereafter, the Participant shall sign a Stabilization Plan pursuant to 760 CMR 65.03(6), which shall require the Participant to ensure that all Recipients in the family over the age of 18 comply with the Stabilization Plan. Any such Stabilization Plan shall reasonably accommodate the disabilities of the Participant family, to the extent consistent with fundamental program requirements. A Stabilization Plan adopted pursuant to 760 CMR 65.03(6) shall be considered a Self-sufficiency Plan, as provided by Budget Line Item 7004-0108. A standard form Stabilization Plan shall be issued by the Department and shall apply to all Participants and all Recipients in the family over the age of 18 until the Participant has entered into his or her own individualized Stabilization Plan. The Stabilization Plan shall cover the period from the time that it is entered into and for the remainder of the period during which STHT assistance is paid to or on behalf of the family. Each Stabilization Plan must include at least the following elements:
(a) the activities required by 760 CMR 67.06(4)(b), except that the savings requirement under 760 CMR 67.06(4)(b)2.g. and the 30 hours per week requirement under 760 CMR 67.06(4)(b)2.h. shall not apply;
(b) a requirement that the family comply with all the provisions of 760 CMR 65.05;
(c) a requirement that the children age ten and under shall not be left in the Unit unless attended by an individual over age 14;
(d) a requirement that the family not use STHT benefits for purposes other than those authorized by the administering agency;
(e) a requirement to coordinate and make best efforts to comply with the service plans of any other state agency providing services to the family;
(f) a requirement to make reasonable efforts to repay over time any rental or utility arrearages determined by the administering agency to be a barrier to rehousing;
(g) a requirement that each Recipient in the family over the age of 18 undertake significant activities towards self-sufficiency on a regular and ongoing basis; and
(h) requirements to address the following issues depending on an individualized determination of the needs of each Participant family: financial responsibility; job training, work search, and employment; educational attainment; and education (including early education and day care or other care necessary to ensure adult education, job training, and work participation) and well-being of children in the family.
(7)Annual Recertification.
(a) Every two months during a rental assistance Participant Family's 24 successive months of program participation as determined pursuant to 760 CMR 65.03(3), not less than 30 days before the annual anniversary date of the Participant's initial participation in STHT, not counting receipt of temporary accommodation received prior to a family's first receipt of other STHT benefits, the administering agency shall review:
1. the Participant Family's gross income as defined in 760 CMR 67.02(5);
2. the Participant Family's continuing eligibility for benefits;
3. whether a Participant's unit size is still appropriate for Participant's needs; and
4. such additional information as the Department may require in order to redetermine the type, level, and value of STHT benefits to be made available to the Participant Family in the following year of the Participant Family's program participation.
(b) Notwithstanding the foregoing, Participant Families who have received lump sum non-rental benefits shall be required to recertify pursuant to 760 CMR 65.06(7) whenever they request additional STHT benefits, aside from stabilization services.
(c) The Department may issue guidelines as to the type of information to be provided for such annual recertification and as to the nature and level of STHT benefits to be provided. If the Participant Family's income and assets are available through other government agencies, the administering agency may rely on documentation presented to such other agencies in the redetermination of the Participant Family's income.
(d) If the administering agency determines that, based upon the information provided in the annual recertification process, to change the type, level, or value of benefits provided to the Participant Family under 760 CMR 65.04(1), the administering agency shall provide a Notice of Level and Type of Benefits to the Participant, which shall be effective 30 days from the date of delivery.
(8) If a Participant Family contains more than one adult (individual 21 or older), the administering agency may refer any additional adult Recipient(s) to alternative adult sheltering arrangements with the approval of the Department, with any such referral to be of immediate effect.

760 CMR, § 65.03