Merriman v. McMahon

Issue

The Superior Court of Alameda County has signed a Preliminary Injunction to enjoin the Social Services Agency from implementing any change to EAS 44-211.512, which deals with shared housing. The Court Order instructed the State to read this regulation as though the deleted language was still present.

Aids Affected

AFDC and RDP

Date of Injunction

July 27, 1988.

Retroactivity

None. On July 1, 1988, the county received a message from the State that this portion of the HA changes was restrained. The regulations to delete the part of 44-211.512 which would have made an individual in shared housing ineligible for HA was to become effective July 1, 1988. Department Memo 88-94 instructed EWs that HA applicants in shared housing would continue to meet the homeless definition if otherwise HA eligible.

Duration

Until final Court decision is issued.

Handbook Section Affected

[Refer to “Financial Eligibility,” page 33-1].]

EAS Section Affected

44-211.512

Implementation

An AU is not considered homeless when it is sharing housing, unless the housing is being shared on an emergency basis and is temporary.

Shared housing exists when an AU lives in the same residence with another individual or family and the living arrangement has been ongoing. The living arrangement can be presumed to be ongoing when the AU shares a regular portion of the living expenses, such as rent, mortgage and/or utility bills.

Families who lack a fixed and regular nighttime residence are homeless even if they live with others. People who live with others who do not lack a fixed and regular nighttime residence are therefore not homeless.

The State defined shared housing and issued guidelines to determine if the arrangement is due to an emergency and is temporary. [Refer to “Financial Eligibility,” page 33-1].]