Current through Register Vol. 46, No. 39, September 25, 2024
(a) Scope. This
regulation governs the provision of temporary housing assistance to persons who
are homeless. It sets forth the requirements with which an individual or family
who applies for temporary housing must comply in order to be eligible for
temporary housing assistance.
(b)
Definitions.
(1) Assessment is the evaluation
of an individual's or family's housing and housing-related public assistance
and care needs including, but not limited to, the availability of housing, the
need for temporary housing assistance, employment and educational needs, the
need for preventive or protective services, the ability to live independently,
and the need for treatment of physical and mental health problems, including
substance abuse.
(2) Independent
living plan is a plan developed and/or revised by a social services district
and/or its designee, with the cooperation of an individual or family, which
sets forth a strategy for meeting such individual's or family's housing-related
public assistance and care needs as identified in an assessment and for
obtaining housing other than temporary housing and which establishes such
individual's or family's responsibilities during their receipt of temporary
housing assistance and specifies the conditions upon which temporary housing
assistance will be provided. An independent living plan also must specify the
temporary housing facility, if any, to which the individual or family has been
or will be referred, any requirements of such facility, and the expected
duration of the individual's or family's receipt of temporary housing
assistance.
(3) Temporary housing
includes family shelters authorized by Part 900 of this Title and section
352.8(a)
of this Part, room and board authorized by section
352.8(b)
of this Part which is provided to a homeless person on a temporary basis,
hotel/motel facilities authorized by section
352.3(e)
of this Part and shelters for adults authorized by Part 491 of this
Title.
(4) Temporary housing
assistance is a public assistance benefit provided temporarily for an eligible
homeless individual or family to meet an immediate need for shelter.
(c) As a condition of eligibility
for temporary housing assistance, individuals and families must comply with the
requirements of this subdivision. Temporary housing assistance will be denied
or discontinued under the conditions specified below. Temporary housing
assistance will not be denied or discontinued for failure of the individual or
family to comply with the requirements of this subdivision when such failure is
due to the physical or mental impairment of the individual or family member.
(1) An individual or family must cooperate in
and complete an assessment conducted by the social services district. When an
individual or family fails to cooperate in and complete the assessment, the
social services district must deny the individual's or family's application for
temporary housing assistance.
(2)
An individual or family must cooperate with the social services district in
developing, carrying out and completing an independent living plan, if the
social services district, based on its assessment of the individual or family,
has determined that such a plan will assist such individual or family to
relocate to housing other than temporary housing. When an individual or family
unreasonably fails to comply with the independent living plan requirements, the
social services district must discontinue temporary housing assistance. When an
individual or family unreasonably fails two or more times to comply with the
independent living plan requirements, the social services district must
discontinue temporary housing assistance and the individual or family is
disqualified from receiving temporary housing assistance until the failure
ceases, or for 30 days, whichever period of time is longer.
(3) An individual or family must actively
seek housing other than temporary housing, as required by the social services
district, and not unreasonably refuse or fail to accept any such housing,
including but not limited to, permanent housing, reunification with family or
relocation to other appropriate residential facility. When an individual or
family fails to comply with these requirements, the social services district
must discontinue temporary housing assistance until the failure ceases, or for
30 days, whichever period is longer.
(4) An individual or family must refrain from
engaging in acts which endanger the health or safety of oneself or others, or
which substantially and repeatedly interfere with the orderly operation of a
temporary housing facility. When an individual or family commits such acts,
including but not limited to acts of violence, selling drugs, or repeated
violations of the rules of a temporary housing facility, the social services
district must discontinue temporary housing assistance until the failure
ceases, or for 30 days, whichever period is longer.
(d) Prior to denying or discontinuing
temporary housing assistance pursuant to subdivision (c) of this section, the
social services district must evaluate the individual's or the family's need
for protective services for adults, preventive services for children and
protective services for children and, if necessary, make an appropriate
referral.
(e) A homeless individual
or family applying for or receiving temporary housing assistance, pursuant to
section
352.3(e)
or
352.8
of this Part or Part 371 or 491 of this Title, also must comply with all other
applicable public assistance and care requirements including, but not limited
to:
(1) requirements for participation in
employment and training programs, in accordance with Part 385 of this Title,
including looking for work, engaging in training, accepting jobs and work
assignments, and participating in rehabilitative services;
(2) requirements for participation in
rehabilitative services, as described in section
370.2(d)(7)
of this Title and Part 385 of this Title;
(3) requirements for participation in the
child support enforcement program, as described in sections
351.2(e)(2)(iv),
369.2(b)
and
370.2(d)
of this Title;
(4) requirements to
apply for supplemental security income benefits, as described in sections
369.2(h)
and
370.2(c)(5)
of this Title;
(5) requirements for
location of resources, as described in section
351.2(e)
of this Title; and
(6) requirements
for acceptance of the offer of a home, as described in section
370.2(c)
of this Title.
Failure to comply with any public assistance and care
requirements, including, but not limited to, those described above, will
subject the recipient of temporary housing assistance to the sanctions
specified in the applicable sections of this Title.
(f) A homeless individual or
family applying for or receiving temporary housing assistance is subject to the
income and resource requirements of this Title; and must cooperate with the
social services district's efforts to determine available resources, and must
apply for and use any benefits and resources that will reduce or eliminate the
need for temporary housing assistance, in accordance with the provisions of
this Title.
(g) A social services
district must deny or discontinue a person's or family's temporary housing
assistance if it determines that the person or family has other housing
available, or if it determines, consistent with the regulations in this Title,
that the person or family is required to, but is not applying income and/or
using available resources to reduce or eliminate the need for temporary housing
assistance.
(h) Any individual or
family whose application for temporary housing assistance is denied or whose
temporary housing assistance is discontinued pursuant to subdivision (c) or (g)
of this section, is entitled to a fair hearing, in accordance with Subpart
358-3 of this Title.
