Can you be denied shelter if you are homeless and are financially eligible for EA?

Even if you are a homeless family that meets the EA income and asset rules, DHCD can deny you shelter if:

• your family was in EA shelter (or was approved for and referred to an EA shelter placement that you did not go to) within the past 12 months (this is known as the "12 month rule”). But the 12 month rule should not apply to you if, the last time you were in shelter, you:
  • left shelter for temporary housing that was approved by DHCD (or by DTA before July 1, 2009) on a Temporary Emergency Shelter Interruption (TESI) form,
  • left shelter for housing that was supposed to be safe and permanent but in fact was not,
  • received rehousing assistance and cooperated with your rehousing plan, or
  • were temporarily placed in shelter pending receipt of verifications (see Question 11) but then found not eligible.
     
• your family made itself homeless to become eligible for EA or to get a housing subsidy,
• you are homeless now because you abandoned public or subsidized housing in the past year without good cause (good cause includes leaving housing for a job or other housing),
• you are homeless now because you were evicted from (or entered into an agreement for judgment to leave) public or subsidized housing for not paying rent or for fraudulent behavior in the past three years, unless the person who caused the eviction is not part of the household seeking shelter,
• you are homeless now because you were evicted from (or entered into an agreement for judgment to leave) private, public or subsidized housing for criminal conduct or destruction of property, unless the person who caused the eviction is not part of the household seeking shelter or the criminal conduct was by a domestic abuser who is no longer part of the household,
• you are homeless now because you did not cooperate with EA housing search activities,
• you (or an adult with whom you are seeking shelter) quit a job, reduced work hours, or refused to accept increased hours of employment within 90 days before your application, unless you had "good cause" which includes that you had to attend to a family crisis, emergency or other compelling circumstance (which homelessness often is) or did not have state-licensed child care, or
• you are a teen parent who was asked to leave 3 or more teen living programs because of rules violations or for any behavior-related reasons or you refused a teen living placement.

106 C.M.R. §§ 309.020, 309.040.

Note

Consult an advocate if you are denied shelter for any reason and have no safe place to stay.

Advocacy Tips

• You should be eligible for EA shelter if you once became homeless for one of the reasons listed above but since then you had “intervening housing” that you lost for a reason that does not make you ineligible. See DHCD Notice 2010-02.  In other words, you may be eligible for shelter if your current homelessness was not caused by a disqualifying reason.
• DHCD should not deny you shelter benefits based on the 12-month rule if you left shelter for housing that in fact was not safe and affordable.
• DHCD should not deny you shelter based on the 12-month rule if you received an EA benefit other than shelter (such as "diversion" services, a rent or utility arrearage payment, or a short term housing subsidy, see Can you get help keeping or moving to housing?), but you were not in shelter or did not refuse a shelter placement in the past 12 months. The regulations say that the 12 months runs from the last day "shelter" was paid for by the department. 106 C.M.R. § 309.040(A)(4). Contact an advocate if you are denied EA under the 12-month rule based on prior receipt of a non-shelter benefit.
• The Americans with Disabilities Act (ADA) may require DHCD to disregard denial reasons that are related to disability (for example, you were evicted for destruction of property that happened due to disability-related conduct). See What if a disability makes it hard for you to meet DHCD rules or use DHCD services? and ask an advocate for more information about the ADA.
• If you want to leave shelter for temporary housing (for example, to stay with family or friends), first get DHCD to sign a Temporary Emergency Shelter Interruption (TESI) form that approves your leaving. Consult an advocate if you cannot get DHCD's approval or if you are later denied shelter because you left for temporary housing.