To be eligible for EA you must have no "feasible alternative housing."
This means that you must either:
- Have no current housing (including no ability to stay with family or friends), or
- Have housing that is no longer "feasible." Housing is no longer feasible if:
- you are currently staying somewhere, but cannot stay for more than a week (DHCD can wait to place you until you are no longer able to stay where you are),
- you are being evected and your landlord or former landlord has a judgment for possession for which an "execution" has been issued (court documents are the best way to prove this),
- you or your children experienced mistreatment or abuse in your current living situation (a statement from a social worker is the best way to prove this; DHCD may send a social worker from the Department of Children and Families (DCF) to the home to investigate),
- you need to relocate because of a severe medical condition (a doctor's statement is the best proof),
- a disaster, for example, a fire (a fire department, police or Red Cross report, or Red Cross oral statement pending report, is good proof),
- severe health code violations or overcrowding (a report from the Board of Health is good proof; DHCD may send a social worker to the home to investigate), or
- the housing presents a threat to health or safety (DHCD will send a social worker to do an assessment).
106 C.M.R. § 309.040(A)(2) and (5).
Advocacy Tips
- Tell your family and friends that someone from DHCD or DCF may call or visit them to find out if you can stay with them. DHCD may deny you shelter if your family or friends say you can stay with them.
- DHCD may deny you shelter if you refuse to let DCF contact a family with whom you have been staying. If you agree to the visit but the other family refuses to talk to DCF, you should not be denied shelter. DCF and DHCD Administrative Plan, Working Draft, dated 11/02/09,
- You do not have to have all the proof right away to be placed in shelter. See What if you do not have proof of your eligibility when you apply for EA?.
Produced by Ruth Bourquin, Massachusetts Law Reform Institute Last updated October 2011
