7004-0101 Emergency Assistance Family Shelters and Services

For certain expenses of the emergency housing assistance program under section 30 of chapter 23B of the General Laws including homelessness prevention, diversion and strategic re-housing and contracted family shelters; provided, that eligibility shall be limited to families with incomes at or below 115 per cent of the 2018 or a later-issued higher federal poverty level; provided further, that any family whose income exceeds 200 per cent of the federal poverty level for a sustained and consecutive period of 90 days while the family is receiving assistance funded by this item shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the income level was exceeded; provided further, that families who are eligible for assistance through a temporary emergency family shelter shall include families who: (i) are at risk of domestic abuse in their current housing situation or who are homeless because they fled domestic violence and have not had access to safe, permanent housing since leaving the housing situation that they fled; (ii) through no fault of their own, are homeless due to fire, flood or natural disaster; (iii) through no fault of their own, have been subject to eviction from their most recent housing due to: (a) foreclosure; (b) condemnation; (c) conduct by a guest or former household member who is not part of the household seeking emergency shelter and over whose conduct the remaining household members had no control; or (d) nonpayment of rent caused by a documented medical condition or diagnosed disability or caused by a documented loss of income within the last 12 months directly as a result of a change in household composition or a loss of income source through no fault of the family; and (iv) are in a housing situation where they are not the primary leaseholder or are in a housing situation not meant for human habitation and where there is a substantial health and safety risk to the family that is likely to result in significant harm should the family remain in the housing situation; provided further, that temporary emergency assistance shall be provided to families who, on the date of application for emergency assistance, have no other feasible alternative housing as defined under 760 CMR 67.06(1)(b) and who, but for not having spent 1 night in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, medical facility, bus or train station, airport or campground, would be eligible for emergency assistance under clauses (i) to (iv), inclusive; provided further, that the department of housing and community development shall submit biannual reports to the house and senate committees on ways and means detailing expenditures under the preceding proviso, including: (1) the number of families who received emergency assistance under the preceding proviso; (2) the number of families entering the emergency assistance system after having already stayed in a place not meant for human habitation; and (3) the number of families entering the emergency assistance system having stayed in a place not meant for human habitation after having requested services provided for in this item within the preceding 6 months; provided further, that the department shall submit the first report not later than March 15, 2021 and the second report not later than October 15, 2021; provided further, that nothing herein contained shall require that emergency assistance be provided to a family that, on the date of application for emergency assistance, has other feasible housing as defined in said 760 CMR 67.06(1)(b) and that said housing adequately accommodates the size and disabilities of the family; provided further, that at least annually, the department shall provide training to relevant staff to ensure compliance with legal requirements related to eligibility for the emergency housing assistance program, including eligibility based on a family having no other feasible alternative housing as defined under said 760 CMR 67.06(1)(b); provided further, that the department of housing and community development shall collaborate with the executive office of health and human services, the Massachusetts interagency council on housing and homelessness and family homelessness service providers on strategies and best practices for prevention of family homelessness; provided further, that the health and safety risk shall be determined by the department of children and families or a department-approved entity through risk assessments; provided further, that a family who receives emergency housing assistance due to domestic abuse shall be connected to the appropriate social service agency; provided further, that temporary assistance under this item shall be terminated upon the offer of available housing or other assistance sufficient to maintain or stabilize housing; provided further, that a family may not decline an offer for available housing if the offer adequately accommodates the size and disabilities of the family and the new housing placement would not result in a job loss for the client; provided further, that any family who declines an adequate offer of available housing or other assistance sufficient to maintain or stabilize housing shall become ineligible for assistance from this item; provided further, that families receiving benefits under this item shall have 30 per cent of their income set aside in a savings account, subject to reasonable exceptions as set forth under departmental regulations in effect in fiscal year 2021; provided further, that the amount saved shall be exempt from otherwise applicable asset limits; provided further, that the family may withdraw the amount placed in savings upon transition to permanent housing or losing eligibility for shelter services; provided further, that families receiving emergency assistance shall receive housing search assistance that attempts to facilitate a sustainable housing placement within 4 weeks of entry into the emergency assistance shelter, motel or hotel; provided further, that families receiving assistance for longer than 32 weeks shall have an executable shelter exit plan that facilitates a housing placement in a new sustainable tenancy or a safe residence including, but not limited to, a placement for which the family is not the primary leaseholder, as soon as possible; provided further, that benefits under this item shall be provided only to residents of the commonwealth who are citizens of the United States or persons lawfully admitted for permanent residence or otherwise permanently residing under the color of the law in the United States; provided further, that as part of departmental efforts to prevent abuse of the emergency assistance program, the department of housing and community development shall enter into a wage match agreement with the department of revenue; provided further, that eligibility for shelter by an otherwise eligible family shall not be impaired by prior receipt of any non-shelter benefit; provided further, that an eligible household that is approved for shelter placement shall be placed in a shelter as close as possible to the household's home community, unless a household requests otherwise; provided further, that if the closest available placement is not within 20 miles of the household's home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date, unless the household requests otherwise; provided further, that the department shall notify local school departments of the placement of a family in its district within 5 days of placement; provided further, that the department shall make every effort to ensure that children receiving services from this item shall continue attending school in the community in which they lived before receiving services funded from this item; provided further, that the department shall use its best efforts to ensure that a family placed by the emergency housing assistance program shall be provided with access to refrigeration and basic cooking facilities; provided further, that if a family with a child under 3 years of age is placed in a hotel or motel, the department shall ensure that the hotel or motel provides a crib that meets all state and federal safety codes for each child under 3 years of age; provided further, that notwithstanding any general or special law to the contrary, the department shall immediately provide shelter for up to 30 days to families who appear to be eligible for shelter based on statements provided by the family and any other information in the possession of the department but who need additional time to obtain any third-party verifications reasonably required by the department; provided further, that shelter benefits received under the preceding proviso shall not render a family ineligible under any regulation which provides that a family who previously received shelter is ineligible for shelter benefits for a period of 12 months; provided further, that families receiving shelter benefits who are found ineligible for continuing shelter benefits shall be eligible for aid pending a timely appeal under said chapter 23B of the General Laws; provided further, that the department shall not impose unreasonable requirements for third-party verifications and shall accept verifications from a family whenever reasonable; provided further, that this item shall be subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated in this item; provided further, that notwithstanding any general or special law to the contrary, not less than 90 days before promulgating or amending any regulations, administrative practice or policy that would alter eligibility for or the level of benefits under this program, other than that which would benefit the clients, the department shall file with the house and senate committees on ways and means, the clerks of the house of representatives and the senate and the joint committee on children, families and persons with disabilities a written report setting forth justification for such changes including, but not limited to, any determination by the secretary of housing and economic development that available appropriations will be insufficient to meet projected expenses and the projected savings from any proposed changes; provided further, that no funds shall be expended for costs associated with the homeless management information system; provided further, that no funds from this item shall be expended for personnel or administrative costs; provided further, that funds may support service adaptions necessitated by the 2019 novel coronavirus in order to ensure adequate and accessible services; provided further, that for the duration of the state of emergency declared by the governor on March 10, 2020, the department of housing and community development shall submit monthly reports to the house and senate committees on ways and means containing the most recently available monthly data on the number of families in congregate or other shared shelter placements and the number of families on extended leave from congregate or other shared shelter placements for purposes of social distancing, isolation, quarantine or care of self or another family member related to the 2019 novel coronavirus; provided further, that not later than February 3, 2021, the department shall provide to the house and senate committees on ways and means a report of the most recently available monthly data on: (A) applications for services provided for in this item and in item 7004-0108; (B) front-door entries into the emergency assistance system, with data on the race and ethnicity of all families approved for services; (C) applications for services provided in this item and in item 7004-0108 that are denied, the bases of all such denials and data on the race and ethnicity of all families denied; (D) applications for services provided for in this item and in item 7004-0108 that do not result in a formal denial, a front-door entry into the emergency assistance system or verified diversion as a result of HomeBASE household assistance, including available demographic information; (E) the number of households submitting multiple applications for services provided for in this item and in item 7004-0108 within the previous 1-month period and within the previous 6-month period; (F) diversions as a result of HomeBASE household assistance; (G) exits through at-fault termination; (H) exits because the household is no longer income eligible; (I) exits through HomeBASE household assistance; (J) exits to another subsidized housing program; and (K) the number of applications that do not result in the household entering emergency assistance shelter within 48 hours and for which such non-entry is attributable to each of the following: written denial, pending documentation or verifications, no imminent homelessness and household withdrew the application; provided further, that the department shall report quarterly to the house and senate committees on ways and means detailing: (I) the number of families transitioned from shelter benefits to affordable, subsidized or otherwise assisted housing through this program; (II) the average, minimum and maximum cost per family of such assistance; (III) the number of families served who required further assistance at a later date; (IV) the type of assistance later required and provided; (V) the total number of families receiving benefits under 7004-0101 that have received assistance under 7004-1018 during each of the previous 3 years ^[2.1]; (VI) the number of children served broken down by age; (VII) the number of applications from households that became homeless within 12 months of depleting their HomeBASE assistance under item 7004-0108; (VIII) the reasons for homelessness in the applications received under clause (VII); and (IX) the number of applications received under said clause (VII) that are denied ^[2.1]; provided further, that the report shall also include the following information from the department of children and families: (i) the number of families assessed in the previous quarter; (ii) the number of families determined to be at a substantial health and safety risk; (iii) the number of families receiving multiple health and safety assessments within the previous 6-month period; and (iv) the standards used to determine a substantial health and safety risk; provided further, that the department shall report quarterly to the house and senate committees on ways and means on: (a) the number of families that applied for a transfer from their current shelter placement to a unit that can accommodate their disability-related needs, delineated by reason for the application; (b) the number of families whose applications for reasonable accommodation have been approved but that are waiting for transfer due to lack of available units able to accommodate their disability-related needs, delineated by category of accommodation, including, but not limited to, access to cooking facilities, first-floor or elevator access, non-carpeted unit, physical modification to unit, scattered site unit, geographic proximity to service providers and wheelchair accessibility; (c) the number of families currently in shelter units located more than 20 miles away from their home community; (d) the number of families with at least 1 child who attends a school other than the child's school of origin as a result of placement in a shelter unit outside of their home community; and (e) both the average number of days and the maximum number of days that families spend in placements under the circumstances described in clauses (b) to (d), inclusive, before being transferred to a shelter unit for which none of the circumstances in said clauses (b) to (d), inclusive, apply; provided further, that funds shall be expended for expenses incurred as a result of families being housed in hotels due to the unavailability of contracted shelter beds; provided further, that funds shall be expended to modify or create shelter units suitable to meet the needs of households with disabilities requiring reasonable accommodation; provided further, that not less than $125,000 may be expended for technical assistance by Homes for Families, Inc.; provided further, that up to $4,880,995 appropriated for this item in fiscal year 2020 shall not revert but shall be made available for the purposes of this item in fiscal year 2021; provided further, that not less than $75,000 shall be expended for the operation of the Portal to Hope Corp. servicing the cities of Everett, Malden and Medford provided further, that not less than $800,000 shall be expended to establish the home works program to provide opportunities for children in emergency housing assistance programs to attend out-of-school time and summer programming run by youth-serving organizations; provided further, that a youth-serving organization shall apply to contract with the department of housing and community development to receive contract slots to serve children in the program; provided further, that youth-serving organizations shall obtain criminal offender record information for each staff member employed by the program with responsibilities that include direct care for children pursuant to section 172H of chapter 6 of the General Laws and sex offender registry information pursuant to section 178I of said chapter 6, and information that is publicly available from a registry of sex offender information that is operated or coordinated by the federal government; and provided further, that the department may expend funds for the administration and implementation of the home works program