Temporary Shelter

[EAS 44-211.52]

Rule

Temporary Shelter (TS) payments are available once every 12 months, unless the client meets the criteria to qualify for an exception. TS may be available for no more than 16 non-consecutive days within a 12-month period.

To receive a TS payment, the Assistance Unit (AU) must:

Provide a sworn statement that the family is experiencing homelessness through the Statement of Facts - Homeless Assistance (CW 42), and
Provide evidence of a search for permanent housing, and
Be eligible or APPARENTLY eligible for CalWORKs.

Exception: An AU may receive the TS payment after the Permanent Housing (PH) payment has been issued if the permanent housing will not be available until a future date, provided that the TS has not been exhausted.

If the AU living in a free shelter wishes to live elsewhere while seeking permanent housing and the new shelter/housing will require payment, the EW must grant temporary Homeless Assistance (HA) as long as the family is otherwise eligible for HA. However, if they wish to continue staying at the free shelter, the family is not eligible to temporary HA because they are not incurring any costs.

Note: The family has a right to choose where they will stay. As long as the family intends to reside in Santa Clara County, TS may be paid when the client chooses to stay out of county. However, if the family intends to reside in another county, the other county is responsible for making the TS payment. Refer to Payment Information - Intercounty Transfer.

EW Informing Requirements

Before issuing the first TS payment, the EW must inform the client of all of the following:

HA is available once every 12 months starting from the day the first payment is issued, unless the recipient has a verifiable exception.
Verification of incurred shelter costs from an appropriate provider will be required before the second and subsequent TS payments are made. When a provider is an individual that is not in the business of renting, a shared housing agreement, a statement from the provider, or a sworn statement from the client that the money was spent on shelter is also adequate verification. The CalWORKs Homeless Assistance (HA) Shared Housing Agreement/Housing Verification (SCD 2575) may be used.
Failure to provide verification of incurred shelter costs from an appropriate provider will result in a presumption of mismanagement of CalWORKs funds. However, if it is not possible to issue a vendor payment, or no providers will accept them, issue the benefits directly to the client, as they will remain entitled to their remaining days of benefits, despite a finding of mismanagement.
The family is required to actively seek permanent housing from an appropriate source.
Evidence of a search for permanent housing is required before the second and subsequent payments for TS can be issued.
PH is paid only if the rent amount meets 80% of the Maximum Aid Payment (MAP), without special needs.

Time Frames

The initial payment for TS must be issued or denied within the same working day in which the AU submits a complete application for Temporary Homeless Assistance (THA).

The following procedures may be used to explore eligibility for TS:

EW
1. Interviews the client.
2. Determines if the client is potentially eligible.
  1. If the AU is eligible:
    1. Refers to Homeless Assistance Application for detailed procedures, and
    2. Issues TS via EBT or check.
  2. If the AU is not eligible:
    1. Issues Temporary Shelter and/or Permanent Housing (M44-211D) denial Notice of Action (NOA).
    2. Refers the client to the Intake EW Supervisor of the Day or follows District Office procedures.
EW Supervisor
1. Reviews with the client ttheir living situation.
2. Discusses possible options with the client.
3. Gives the client a list of emergency housing and food providers (found online in the DEBS Resource Guide) to meet their needs until TS, etc., or CalWORKs eligibility can be determined and paid.

Eligible Days

The AU determined to be homeless may be eligible for up to 16 non-consecutive days of TS within a 12-month period.

The AU must provide verification of shelter expenditures and evidence of a search for permanent housing to receive reimbursement for TS assistance for expenses incurred. When the housing provider is not in the business of renting, the SCD 2575, a statement from the housing provider, or a sworn statement from the client that the money was spent on shelter, is also adequate verification.

Note: A short-term shared housing agreement, at minimum, should include the names of the people who are sharing the housing (which could be the landlord/property owner or a tenant of the housing unit), the address of the unit, the daily rent, the number of nights, the terms of agreement, and the date of occupancy.

Once the AU receives its first TS payment, it is then potentially eligible to receive the balance of the 16 days of TS payment.

Example Example An AU of 2, parent and child, receiving CalWORKs request THA. The EW confirms the AU has not received HA within the prior 12 months, excluding exceptions, and there is no evidence to suspect that the family has permanent housing. The EW provides the parent the opportunity to complete the CW 42 form attesting that they meet the definition of homelessness. Upon receiving the completed CW 42, the AU is granted THA for one week on the same day.

Reminder: The 16 non-consecutive days within the 12-month period would not change once the first TS payment has been issued. If the AU is not issued TS because they failed to meet the housing search requirement, and subsequently they meet the requirement, the AU must continue to receive TS as otherwise eligible.

Verification of Homelessness

A family applying for HA shall provide the sworn statement that the family is experiencing homelessness through the CW 42. Upon receipt of a complete CW 42 form, including the sworn statement, EWs may no longer seek additional verification, obtain consent from the family to release information to verify homelessness, or obtain a copy of the pay or quit notice for purposes of verification of homelessness.

Failure to Provide

When the client returns for subsequent TS payments and does not have the required verification, the EW must use the following chart to determine the appropriate action:

If the client...	Then...
Pays the TS to a provider who does not meet the definition of a commercial establishment, a shelter, a publicly-funded transitional housing, or a person with whom there is a lease, sublease, or shared housing agreement,	The EW must make all subsequent payments as restricted payments. However, if it is not possible to issue a vendor payment, or no providers will accept them, issue the benefits directly to the client, as they will remain entitled to their remaining days of benefits, despite a finding of mismanagement.
Does not verify that the TS payment was spent on shelter,	Good cause may be granted for not providing paper verification when THA benefits are not received consecutively. In lieu of providing required paper verification, such as motel receipts, a sworn statement or verbal attestation from the client affirming that HA benefits were appropriately spent may be accepted.
Does not do the housing search or fails to provide verification of the search,	When there has been a time that passes between issuances, in lieu of providing required paper verification, such as the daily permanent housing search, a sworn statement or verbal attestation from the client affirming that housing searches were completed may be accepted. Good cause may be allowed to accept a sworn statement when verification is not available, even in cases where benefits are issued consecutively.

FRED Referral

Per SB 1065, the Intake EW may only make a FRED referral to request assistance in the verification of homelessness upon issuance of the initial TS payment only when a HA applicant meets “questionable homelessness” criteria.

SB 1065 defines “questionable homelessness” as when there is a reason to suspect that the family has permanent housing. The EW must have evidence to suspect the family has a safe and stable permanent housing in which the family can continue to reside without preventative support to avoid eviction and/or homelessness.

Example Example There is evidence that the family is in a permanent housing program, such as the Housing Support Program (HSP), and has obtained and remains in a permanent housing placement. This may be considered “questionable homelessness.”

Refer to Fraud Early Detection (FRED) for instructions on making a FRED referral. The investigator assigned to the case will complete their investigation within the first three working days of the referral. Therefore, the second TS payment should only be issued once it is determined that the client meets all the conditions of HA eligibility.

TS Payment Amount

The amount of the nonrecurring special need payment for TS is calculated on a daily basis as follows:

An AU with four or fewer members receives $85.
An AU receives $15 for the fifth and each additional member of an AU.

The total amount available to an AU with eight or more members cannot exceed a maximum of $145.

Initial Payment

If homelessness or the exception has been verified, the initial TS payment may be issued for up to seven (7) calendar days. The completed CW 42 must be accepted as verification, as it is a sworn statement of homelessness.

Documentation

Each HA payment must be documented on the Journal Detail page.

Second and Subsequent Payments

After homelessness or the exception has been verified, benefits must be issued on a weekly basis (up to seven calendar days at a time) for a maximum total of 16 non-consecutive days within a 12-month period. The extension of benefits beyond the initial payment must be based upon all of the following:

The AU's continuing need for TS benefits.
Evidence of the search for permanent housing while receiving TS benefits.

When the client returns to request the second and subsequent TS payments, the EW must image a copy of the receipts for shelter.

If the former TS payment was sufficient to cover the period of payment, and the receipts verify that shelter was paid for each day of the payment period, and the client met the permanent housing search requirement, issue a subsequent payment per the client's request (direct, vendor).
If the former TS payment was less than sufficient to cover the period of payment, but the AU has receipts to verify that they spent all of the TS on shelter, issue a subsequent payment per the client's request (direct, vendor).
If the former TS payment was paid to a person not in the business of renting, the SCD 2575, statement from housing provider, or a sworn statement from the client that the funds were spent on shelter is adequate verification, issue a subsequent payment per the client's request (direct, vendor).

There is a presumption of mismanagement of CalWORKs funds by the AU when the TS payment was sufficient to cover shelter costs and the client:

Fails or refuses to furnish verification of shelter costs, or
Can only produce receipts for part of the payment period.

Example Example Mrs. Ford was issued seven days of TS on 9/13. She returns to request a second TS payment on 9/19. She has a receipt from a motel for two days at $75 per day ($150). She states she could not find another place to stay with only $45. Mrs. Ford is eligible to have her second TS payment issued per her request.

Example Example Mr. Johnson was issued his first seven days of TS on 9/7. He returns on 9/13 with a receipt from a motel for two days at $50 per night. He states he doesn't know what he did with the rest of the $595. The second and subsequent TS payments MUST BE VENDORED to the shelter provider. The vendor payment must be for the cost of the shelter. Any remaining balance must be issued to the client.

Evidence of Search for Permanent Housing

The AU must provide evidence of a search for permanent housing while receiving TS. The EW must issue a Permanent Housing Search Document (CW 74) to the AU to document the search.

Prior to receiving the second or subsequent TS payment, the AU must make a minimum of one contact with prospective landlords for each day the AU received TS, unless the AU has good cause for not searching for permanent housing.
The AU does not have to make one contact each day, but must make one contact for each day. The contact may be made in person, by telephone, or in writing.

The EW only needs to verify the information on the CW 74 if it appears to be questionable. An Authorization to Release Information (SCD 1029) must be completed prior to any contacts to verify the information.

If the AU is not issued TS because they failed to meet the housing search requirement, and subsequently they meet the requirement, the AU must continue to receive TS as otherwise eligible. No payment must be issued for those days during which noncooperation existed.

Example Example The AU received TS for seven days. The AU must make seven contacts with prospective landlords prior to receiving any subsequent TS payment. The AU may make three contacts on one day and four on another, or any combination to total seven contacts with prospective landlords.

Good Cause for Not Searching

Good cause for not searching for permanent housing includes, but is not limited to the following situations:

The AU does not have access to a telephone, either by not having one in their possession, or through a friend, shelter or accessible public place, and the AU also has no transportation and is living in a rural setting that makes public transportation not feasible.
The AU located permanent housing but it is not yet available.

Example Example The AU received the initial seven days of TS. When they returned, they brought in the CW 74 indicating that they had made seven contacts. As a result of this, they had located permanent housing, which will not be available to them for 14 days. The EW would issue the PH if the recipient was otherwise eligible, and the family would also be eligible for the remainder of the TS period, and would not need to search for other permanent housing.

Overpayment

The HA paid must be considered an overpayment when:

The AU is paid HA in excess of the amount to which that AU is entitled. This would occur when the AU was paid for too many days of HA or when an HA payment was made in error.
A determination is made that the recipient was never homeless. This would occur in conjunction with a Special Investigations Unit (SIU) determination that the recipient was not homeless and did not tell the EW the truth when applying for HA.

Note: An overpayment is not to be declared when the AU pays a provider who is not a commercial establishment, shelter, publicly funded transitional housing or a person with whom they have a lease, sublease or shared housing agreement with. The EW must issue any remaining HA as a restricted payment.

Example Example The AU receives seven days of TS in the amount of $595. On the eighth day, the AU returns to the EW for continued benefits. The AU provides a receipt that shows payment was made for two nights at the Penguin Motel in the amount of $150. The AU provides a receipt that shows on the third night the AU stayed with a friend who does not have a lease, sublease or shared housing agreement with. The EW determines that the third night the AU failed to pay an appropriate provider and establishes that a mismanagement of funds exists and makes any subsequent payments as restricted payments. However, if the client is unable to find a provider that would accept the payment, issue the benefits directly to the client, as they will remain entitled to their remaining days of benefits, despite a finding of mismanagement.

Example Example The AU receives seven nights of TS in the amount of $595. The AU returns on the eighth day to request further benefits. The AU provides a receipt showing that they stayed in a shelter for seven nights at a cost of $140. The AU has met the requirement of staying in a commercial establishment and there is no restricted payment requirement.

Example Example The client applies for HA and is determined eligible. The EW issues payments for 19 days rather than 16 days. The EW must declare the three days to be an administrative overpayment and take appropriate action.

Example Example The client applies for HA and is determined eligible. Payments are issued for TS. It is later determined that the client was never homeless. The EW must declare the HA payments made an overpayment and take appropriate action.