Homeless Assistance Program Eligibility

[EAS 44-211.5]

Rules

HA is granted for a period of homelessness caused by specific circumstances to an eligible or apparently eligible CalWORKs AU. HA is available once every 12 months starting from the day the first payment is issued, unless the recipient has a verifiable exception. HA is available to meet the costs of securing permanent housing, to prevent eviction, and to meet the costs of temporary shelter while the AU is seeking permanent housing. Refer to Rule.

The homeless AU shall provide a sworn statement that the family is experiencing homelessness through the CW 42: Statement of Facts-Homeless Assistance form. Upon receipt of a complete CW 42 form including the sworn statement, Eligibility Staff may no longer request additional verification, or obtain consent from the family to release information to verify homeless or obtain a copy of the pay or quit notice for purposes of verification of homelessness.
The homeless AU must be SEEKING PERMANENT HOUSING.
TS is available to eligible and apparently eligible CalWORKs AUs, including an Pregnant Person Only AU. Senate Bill (SB) 1083 includes an applicant with no other CalWORKs eligible children that provide a sworn statement. They can initially satisfy the pregnancy verification requirement with a sworn statement or, if necessary, a verbal attestation. If the pregnant applicant fails to submit medical verification of the pregnancy within 30 working days, HA must only be issued when the pregnant person presents evidence of good-faith efforts to comply with the requirement.
PH is available to recipients of CalWORKs, including an Pregnant Person Only AU.
SB 1083 defines domestic violence to include, for purposes of HA eligibility, domestic violence perpetrated by a roommate that results in homelessness includes but is not limited to domestic violence perpetrated by a parent or child with whom the family is living.
SB 1083 expands HA eligibility to include families in receipt of any notice that could lead to an eviction, regardless of circumstances cited in the notice. This change may increase the amount of time a family at risk of homelessness may have for securing permanent housing by providing access to HA prior to receipt of a formal eviction notices or three day pay or quit notice.
The incident of homelessness ends when the AU receives the payment for PH or Permanent Homeless Arrears, even if they have not received TS.
HA is not available to RCA or Foster Care AUs. However, if the caretaker relative of a Foster Care child is receiving CalWORKs, then that individual may be eligible to receive HA if all other HA requirements are met.
TS may be available for a period of up to 16 non-consecutive days within a 12 month period.
A PH payment may be granted after the issuance of the TS payment only if the AU has been continuously homeless since receiving the TS payment and the cause of the homelessness remains the same.
Permanent HA is available to pay up to two months of rent arrearages to prevent eviction. Each month of back rent shall not exceed 80 percent of the TMHI. Receipt of either of these two permanent HA payments satisfies the AU’s eligibility to the HA benefit for the 12-month period.
When computing the Applicant Gross Income Test and the Recipient Net Income test, the EW must add the Homeless Assistance Special Need to MBSAC and/or MAP, as appropriate, to determine the AU’s eligibility.
Recipients who receive aid paid pending may receive HA. However, if the recipient loses the hearing the HA payment is considered an overpayment.
HA cannot be issued once INELIGIBILITY for CalWORKs has been established.
A “Statement of Facts - Homeless Assistance” (CW 42) is required for the initial TS payment. A separate CW 42 is required for the PH or PHA payment, unless the application for TS and PH or is made simultaneously.

Examples of SB 1083

Example 1 Example 1 A pregnant person with no eligible child applies for aid and signs a sworn statement that they are pregnant, experiencing homelessness and fleeing domestic abuse by their parent. If apparently eligible, provides Expanded HA for Victims of Domestic Abuse the same working day without further verification of pregnancy and issues the first 16 cumulative days' worth of benefits. The person returns on the 17th day and is still experiencing homelessness. They receive an additional lump sum payment for an additional 16 days, equaling a total of 32 days of Expanded HA payments. Medical verification of the pregnancy is not required in order to receive the additional lump sum payment for 16 additional days of Expanded HA because the 30-working-day deadline has not yet passed.

Example 2 Example 2 A family in receipt of CalWORKs receives a notice from their landlord stating the rent will increase the following month. The family determines that they will not be able to afford the rental payment with their monthly income. The family locates new housing within their price range and applies for permanent HA to help with the cost of security deposit and last month's rent to avoid eviction and homelessness. In order to verify homelessness, the family provides a sworn statement that they are at-risk of experiencing homelessness on the CW 42. For the eligible family, the payment of permanent HA is issued no later than one working day from the time the family presented a lease, sublease, or shared housing agreement.

Informing

An AU applying for Homeless Assistance must be informed that:

HA benefits are available once every 12 months starting from the day the first payment is issued, unless the recipient meets a specific verifiable exception.
The TS period is for 16 non-consecutive days. Although this information can be found on the “Statement of Facts - Homeless Assistance” (CW 42), the EW must verbally advise the client of this information in addition to providing the CW 42 for completion.

Resources and Financial Hardship

Effective 8/15/2022, per Senate Bill (SB) 1065, there is no liquid resource limit for families applying for all HA benefits. HA benefits can not be denied to families for the amount of exempt or nonexempt liquid resources they have if they are eligible for CalWORKs or apparently eligible for CalWORKs.

Also effective 8/15/2022, SB 1065 eliminates the financial hardship criteria for eligibility for all types of HA. Families do not need to demonstrate on the CW 42 or elsewhere that a pay or quit notice is a result of financial hardship caused by extraordinary circumstances beyond the applicant’s control nor that the family is experiencing a financial crisis that may result in homelessness if preventative assistance is not provided.

12-Month Period

Assembly Bill (AB) 1603 (Chapter 25, Statutes of 2016) amended section 11450 of the WIC by repealing the once-in-a-lifetime limit placed on temporary and permanent HA benefits. Effective January 1, 2017, eligible CalWORKs (CWs) applicants or recipients are entitled to receive TS, limited to sixteen days within a 12-month period, along with one payment of PH every 12 months, unless an exception is met. Eligible AUs may receive payments for TS and PH for a continuous period of homelessness (an incident of homelessness) caused by the same specific circumstances until their payment is exhausted. However, AUs may receive TS, PH, or both at the end of the 12-month period without having to meet an exception criteria.

Example Example On 10/1/20 an AU applies for HA. They receive TS benefits for all 16 days between 10/1/20 to 11/16/20. On 12/15/20 the recipient completes the CW 42 requesting PH benefits as she’s found permanent housing. The EW determines that the AU qualifies for the PH benefits because the AU has been continuously homeless since 10/1/20. The AU’s instance of homelessness continues to be based on the original circumstances for which they received TS benefits; and the new housing amount is not more than 80% of TMHI. The AU’s 12-month period is from 10/1/20 (the day the first payment is issued) through 9/30/21. If otherwise eligible, on 10/1/21, the AU may receive HA again (TS, PH, or both).

Example Example An AU receives TS on 5/1/17, but never secures PH during the 12-month period. On 5/1/18, a new 12-month period begins and the AU is still experiencing the same instance of homelessness. The AU is eligible to receive TS and/or PH again without meeting an exception.

The TS period is for 16 non-consecutive days within a 12 month period.

PH is available to an AU regardless of whether they have received TS. To receive PH following receipt of the TS payment the AU must have remained continuously homeless due to the same specific circumstances for which the TS payment was issued. When an AU receives their PH or PHA payment, the incident of homelessness has ended. Once the instance of homelessness is resolved, the AU is not eligible to HA until the next 12-month period, unless an exception is met.

Note: An AU is only eligible to receive TS following the issuance of PH if the AU is still in need of TS before occupying PH.

Example Example An AU becomes homeless on 3/1/17. They contact the EW on 3/3/17 and report that they have located permanent housing. They need help with the security deposit and the last month’s rent. The recipient completes the CW 42 applying for PH benefits. The EW determines that the AU meets all the requirements for HA and issues the PH payment. The AU has exhausted their benefits for the 12 month period even though they have not received TS benefits. Unless the AU meets an exception, the AU is not eligible for TS or PH until 3/1/18.

In a situation where the client moves in with a family member, the incidence of homelessness ends if the client moved in with the family member because it was meant to be permanent housing for the client. If the client moved in with the family member because a permanent place to stay could not be secured, and it was not intended to be a permanent move, the client continues to be eligible for the permanent HA payment.

Excluded parents of children in the AU (e.g., sanctioned parents or undocumented parents) who are living with their children when HA is authorized and would otherwise be mandatorily included in the AU are considered part of the AU for purposes of receipt of the 12-month period HA benefit.

Definition

An AU is considered homeless when the AU:

Lacks a fixed and regular nighttime residence, or
Has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or
Is residing in a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, such as a hallway, bus station, lobby, or car.
Receives a notice to pay rent or quit.
Receives any notice that could lead to an eviction, regardless of circumstances cited in the notice and they are at-risk of homelessness (SB 1083).

Note: Once the AU meets the definition of “homeless”, the cause of the homelessness is irrelevant as a condition of eligibility to HA. If the homelessness is due to one of the exceptions, the cause for it must be verified.

Need for Housing

In order for an AU to be considered homeless that AU must have a need for housing:

In a commercial establishment,
In a shelter,
In a publicly-funded transitional housing, or
From a person or establishment with whom the family has executed a valid lease, sublease or shared housing agreement. The person or establishment does not have to be in the business of renting properties. However, the person renting the property must have the legal right to do so, and the renter must have the same legal protections granted to all renters in the state of California.

Example Example An AU is homeless, but states that they are only looking for a place to rent with friends, who do not have a history of renting. This AU would meet the necessary HA criteria and be eligible for HA if they provide a valid lease, sublease or shared housing agreement and the friends have the legal right to do so.

Example Example Mrs. Smith and her child are evicted due to nonpayment of rent or destruction of property. Provided the AU has not received HA benefits in the last 12 months, there may be eligibility to HA since this AU is homeless effective the date of the eviction notice.

Example Example Recipient is ineligible for CalWORKs for March. However, the discontinuance NOA cannot be sent timely. The 3/1/17 warrant will be an overpayment. HA was requested on 3/2/17. HA cannot be issued once ineligibility in CalWORKs has been determined.

Example Example Mrs. Brown states that the home she is living in has an electrical problem, so she doesn't want to live there. This AU is NOT eligible for HA since HA is not available as a means to upgrade a person's living accommodations.

Example Example Mrs. Green and one of her three children arrive in Santa Clara County for medical treatment. The AU has a home in San Joaquin County. This AU is not eligible for HA because they are not homeless, but temporarily absent from their home.

Apparent Eligibility

Apparent eligibility for CalWORKs exists when information provided on the Statement of Facts and information otherwise available to the EW indicates that there would be eligibility for CalWORKs if the information were verified.

To determine apparent eligibility for CalWORKs, the EW shall review all of the following documents:

A completed “Statement of Facts — Homeless Assistance” (CW 42), and
A completed “Application for Cash Aid, CalFresh, and/or Medical Assistance” (SAWS 1), and
A completed “Statement of Facts — Cash Aid, CalFresh and Medi-Cal/ State-Run County Medical Services Program (CMSP)” (SAWS 2), and/or
A completed “Application For CalFresh, Cash Aid, And/Or Medi-Cal/Health Care Programs” (SAWS 2 PLUS).

Note: The SAWS 2 PLUS may be reviewed in lieu of the SAWS 1 and SAWS 2 if available. A client is not required to complete the SAWS 2 PLUS if there is a completed SAWS 1 and SAWS 2 on file.

If the applicant is a minor parent, the income of the senior parent must be explored and documented. A “Senior Parent(s)/Legal Guardian(s) Statement of Facts” (CW 23) is not required until CalWORKs eligibility is cleared.

The apparently eligible AU must meet the CalWORKs technical conditions of eligibility as specified in Immediate Need [EAS 40-129].

Information from any source may be considered.
Only Temporary Shelter may be issued on an apparently eligible case.

NOT Apparently Eligible

The following persons cannot be considered apparently CalWORKs eligible.

Alien applicants who do not provide verification of their eligible alien status.
Sponsored non-citizens who do not provide the income and resources of the sponsor.
An individual with no eligible children who does not provide sworn statement of pregnancy and does not provide verification of pregnancy within 30 working days following the sworn statement.
A person who is sanctioned for any reason.

Do not grant HA for these individuals until CalWORKs eligibility is cleared.

Note: The above criteria are the same criteria as for Immediate Need payment. Refer to Immediate Need [EAS 40-129].

Reminder: In the above situations, only the specific individuals would be ineligible for HA until CalWORKs eligibility is cleared for them. The rest of the AU may be eligible for HA, if otherwise eligible or apparently eligible for CalWORKs.

Shelter at No Cost

Homeless Assistance (HA) cannot be issued to an AU if the EW establishes that the AU has shelter at no cost, even if the AU meets the homeless criteria above. The application and denial must be recorded in the CalSAWS System and HA denial NOA must be issued.

TS cannot be issued for an AU who is staying free-of-charge in any private or public area, such as a publicly-funded shelter. However, if the family should locate permanent housing for which they will incur a cost, eligibility for PH must be determined.

Example Example The AU is staying at ABC Homeless Shelter. This shelter does not charge their guests: therefore, this AU is not eligible for TS while staying at ABC. This HA request must be denied. The AU could reapply if they leave the ABC Shelter and move to a facility that charges a fee or they locate permanent housing for which they will incur a cost.

Example Example The AU is staying in a camp ground at the County Fairgrounds. They must pay $7.50 per night. This AU may be eligible for TS if all other requirements are met.

Family Services Programs

In Santa Clara County SSA, the Family Stabilization services and the CalWORKs Housing Support Program (CHSP) are incorporated into the Family Services (FS) Program. This includes intensive case management designed to address crisis situations. This strategy is designed to enhance and assist with participation, prior to, or concurrent with WTW activities. In addition to housing services, FS includes mental health counseling, substance abuse counseling, domestic violence services and access to Social Work staff.

FS is a multi-disciplinary approach to WTW services with the purpose of helping the client stabilize any family situation, issue, problem or barrier to employment that is adversely affecting the client’s ability to participate in WTW. Participation is voluntary and failure to comply with the FS plan without good cause is not subject to the non-compliance process.

The FS Program helps eligible both WTW and non-WTW CalWORKs families with housing assistance and support through three program offerings: At-Risk (Office of Supportive Housing (OSH) Prevention), CalWORKs Housing Support Program, and Family Stabilization Housing Assistance. Families whose needs are not met through either the At-Risk or CHSP programs will be assessed for Family Stabilization Housing Assistance.

At-Risk Services will provide housed families with homeless prevention assistance to help navigate a temporary crisis and preserve existing housing. The supporting Agency for this program will be OSH. Abode Services and Sacred Heart Community Service are OSH providers that support the agency's housing programs.

CalWORKs Housing Support Program

The CalWORKs Housing Support Program (CHSP) is designed to assist eligible CalWORKs families who are experiencing homelessness. This program is separate from the Homeless Assistance that is issued by the Eligibility Worker, and is in addition to the Family Stabilization Housing Assistance program.

Rapid Re-Housing Eligibility Criteria

Eligible CalWORKs families must meet the criteria below to be eligible to apply for the CHSP:

Lacking a fixed and regular nighttime residence and either is:
- Having a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or
- Residing in a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, or
Lacking stable housing:
- Lives in a public/private homeless shelter/transitional shelter providing temporary aid, or
- Lives in a vehicle,
- Lives in a motel paid by government or nonprofit organization, or
- Lives on the streets/tent, or
- Any other place inadequate for human habitation, or
- Had a place to stay last night, but not available tonight (i.e., will be in their car or on the streets, etc.)
- Fleeing domestic violence
In receipt of a judgment for eviction, as ordered by the court.

At-Risk of Homelessness Eligibility Criteria

CalWORKs family must be at At-Risk of homelessness.
Families who are currently housed and are at-risk of losing their housing due to unpaid monthly rent, who require more than one-time, financial assistance to retain their housing should be referred to the CalWORKs Housing Support Program.

Services Provided

Homeless Prevention Services included with CHSP include the following:

These families will be subject to a monthly assessment of the family’s at-risk of homelessness condition to receive a month-to-month extension of their rent payment assistance.
Also, they must demonstrate the ability to assume the cost of their housing expenses to continue to receive assistance. Sustainability or the ability to assume the cost of their housing expenses requirement must be met. Demonstration of sustainability is required to receive an extension of a client’s month-to-month rent payment assistance.

At-Risk (Office of Supportive Housing) Services will provide housed families with homeless prevention assistance to help navigate a temporary crisis and preserve existing housing.

Note: Families may self-attest that they meet the definition of at-risk for homelessness.

Eligible CalWORKs Families

Non-Welfare To Work (WTW) CalWORKs Safety Net (Timed-out) families or
Non-WTW CalWORKs Child Only families with a parent(s) excluded by law (ineligible non-citizen, SSI, Fleeing Felon, etc) or
WTW families with parents that are active, exempt, or curing a sanction.

Referral Guidance

If the client is...	Then...
An adult in a Safety Net/Child Only case,	The assigned EW will complete the Housing Support Program Referral via the DEBS Referral App. Indicate whether the referral is for a family that is "Homeless" or "At Risk of homelessness" on the referral.
An Active CWES Participant,	The client shall be referred to their CWES Employment Counselor (EC). The EC will initiate a referral via the existing Family Stabilization referral process.
Sanctioned or exempt,	The EW shall instruct the client to call (408) 758-3500 and request to speak to the Engagement Unit.

Services Offered

The CHSP includes, but is not limited to the following services:

Intensive case management
Assistance locating and securing housing
Payment of security deposit (first month rent, deposit/last month rent) required to secure housing
Emergency lodging/hotel assistance
Utility payments needed to retain/obtain housing
Moving arrangements and moving costs
Assistance understanding leases
Renter’s insurance if required to secure housing
Short-term housing subsidy where household transitions gradually to full payment of rent
Mediation and outreach to landlords
Financial education referrals
Incentives
Other service referrals to support housing stability

Family Stabilization

Families who are at-risk of homelessness and require one-time, financial assistance to prevent their homelessness should be referred to the Family Stabilization Housing Assistance Program for financial assistance with their housing costs. [Refer to Family Services]