In April 2024, the Massachusetts Legislature passed a new law that says that most families can only stay in Emergency Assistance (EA) shelters for 9 months.
In July 2024, the Executive Office of Housing & Livable Communities (EOHLC) started emailing notices to families who have been in shelter for 9 months or more. These notices (emails) tell you if EOHLC wants you to leave the shelter within 90 days of the notice date, or if EOHLC is giving you more time.
EOHLC is not sending termination notices to everyone at the same time. But, if you have been in shelter for 9 months or more, you should expect to get a notice sometime in the coming months.
EOHLC is sending 1 of 3 kinds of notices to families who have been in shelter for 9 months or longer:
- Ineligible for First 90-day Extension. This is a termination notice. It says that your family is not eligible for an extension of time in shelter, and that you have to leave within 90 days.
- Eligible for First 90-day Extension. This tells you that you have a 90 day extension of your time in shelter. The notice will include the date by which you have to leave the shelter.
- Administrative Extension. This tells you that you have been in shelter for 9 months or longer. EOHLC has yet not given you a date by which you need to leave the shelter.
You will get the notice by email. EOHLC will also send a paper copy to your shelter provider by mail.
If you disagree with the notice that you were not eligible for an extension, you can try to get an updated assessment and you can appeal. Learn more about extensions below.
No. You do not have to leave just because you have been there for 9 months.
You will get a 90-day notice before you have to leave the shelter. This means you will have at least 3 months to find a place to go.
Each family will get their own notice with the date they must leave the shelter. Make sure to read it carefully.
Some families will get up to 2 (two) 90-day extensions. This includes families:
- Where someone has a part-time or full-time job.
- Where someone in the household is a veteran.
- Where someone is in a job training program.
- Expected to move into housing in the next month.
- Whose child would be displaced from the public school where they are enrolled.
- Where someone is pregnant or gave birth in the last 3 months.
- With a baby that is 3 months old or less on the day the family asks for more time.
- Where a disability or medical condition affects their search for new housing.
- This could be because you need a specific type of unit. For example, a first-floor unit for people with limited mobility.
- It could also be because you have a disability or health condition that makes it hard to do a housing search.
- With a single adult caring for a disabled child or family member.
- With a single adult without child care to get a job.
- At imminent risk of domestic violence or child protection concerns (DCF).
You do not directly apply for an extension of your time in shelter. EOHLC decides if you can get an extension based on the information that they get from the Re-Housing Assessment that you do with your shelter worker. Make sure you do a Re-Housing Assessment or RHA with your shelter worker every 60 days.
If EOHLC does not give you an extension, you have 14 days to work with your shelter worker to get an updated assessment. If you still don’t get an extension, you can appeal.
Some families can get a hardship waiver if they are still in shelter after their two 90 day extensions are over. A hardship waiver gives families up to 120 more days in shelter.
Getting a hardship waiver
To get a hardship waiver, you must follow your 60-Day Rehousing Assessment. Your family must also have at least 1 of the following:
- A family member aged 0 to 3 months.
- A family member with an immunocompromised condition.
- A family member with a high-risk pregnancy.
- A family member with a tracheostomy.
- A family that is at risk of imminent harm due to child protection (DCF removal).
- A family at risk of domestic violence.
Unlike an extension, you have to directly ask for a hardship waiver. You must ask EOHLC for a hardship waiver at least 30 days before you are supposed to leave shelter. EOHLC can accept your request if it is late, but they don’t have to.
Clinical and Safety Risk Assessments (CSRs)
After you ask for a hardship waiver, you will have a clinical evaluation to determine if you qualify. These are called Clinical and Safety Risk Assessments or CSRs.
- You can do an assessment in person at a Clinical and Safety Risk Assessment site. The EA shelter will give you transportation to the site.
- You can ask your doctor to fill out a special CSR form. Or,
- You can do a CSR over the phone.
After the CRS, EOHLC tells you in writing if you will get a hardship waiver.
Yes.
- You can appeal your termination if EOHLC does not give you an extension.
- You can appeal the denial if EOHLC does not give you a hardship waiver.
You have to send EOHLC your appeal no later than 21 days from the date on the notice. Email your appeal to the EOHLC hearings division at [email protected]. You can also fax or mail your appeal.
Your shelter worker should give you the appeal form and help you file the appeal if you ask them to help you.
Learn more about EA appeals.
If you leave on your exit date, then you can apply for shelter again right away. Your exit date includes any extra time that you got because of extensions or a hardship waiver.
- You may have to wait on the waiting list after applying again.
- You still have to apply and be found eligible for shelter.
If you stay past the date you are allowed to stay, Massachusetts may make you wait 12 months before you can be approved for shelter again.
If you get a notice of termination (Ineligible for First 90-day Extension) and you think your family should have gotten an extension, you may be able to find a lawyer to help.
Learn more about the Length of Stay policy on EOHLC’s website, and from the EOHLC June 12, 2024 memorandum.
EOHLC is sending 1 of 3 kinds of notices to families who have been in shelter for 9 months or longer:
- Ineligible for First 90-day Extension. This is a termination notice. It says that your family is not eligible for an extension of time in shelter, and that you have to leave within 90 days.
- Eligible for First 90-day Extension. This tells you that you have a 90 day extension of your time in shelter. The notice will include the date by which you have to leave the shelter.
- Administrative Extension. This tells you that you have been in shelter for 9 months or longer. EOHLC has yet not given you a date by which you need to leave the shelter.
You will get the notice by email. EOHLC will also send a paper copy to your shelter provider by mail.
If you disagree with the notice that you were not eligible for an extension, you can try to get an updated assessment and you can appeal. Learn more about extensions below.
No. You do not have to leave just because you have been there for 9 months.
You will get a 90-day notice before you have to leave the shelter. This means you will have at least 3 months to find a place to go.
Each family will get their own notice with the date they must leave the shelter. Make sure to read it carefully.
Some families will get up to 2 (two) 90-day extensions. This includes families:
- Where someone has a part-time or full-time job.
- Where someone in the household is a veteran.
- Where someone is in a job training program.
- Expected to move into housing in the next month.
- Whose child would be displaced from the public school where they are enrolled.
- Where someone is pregnant or gave birth in the last 3 months.
- With a baby that is 3 months old or less on the day the family asks for more time.
- Where a disability or medical condition affects their search for new housing.
- This could be because you need a specific type of unit. For example, a first-floor unit for people with limited mobility.
- It could also be because you have a disability or health condition that makes it hard to do a housing search.
- With a single adult caring for a disabled child or family member.
- With a single adult without child care to get a job.
- At imminent risk of domestic violence or child protection concerns (DCF).
You do not directly apply for an extension of your time in shelter. EOHLC decides if you can get an extension based on the information that they get from the Re-Housing Assessment that you do with your shelter worker. Make sure you do a Re-Housing Assessment or RHA with your shelter worker every 60 days.
If EOHLC does not give you an extension, you have 14 days to work with your shelter worker to get an updated assessment. If you still don’t get an extension, you can appeal.
Some families can get a hardship waiver if they are still in shelter after their two 90 day extensions are over. A hardship waiver gives families up to 120 more days in shelter.
Getting a hardship waiver
To get a hardship waiver, you must follow your 60-Day Rehousing Assessment. Your family must also have at least 1 of the following:
- A family member aged 0 to 3 months.
- A family member with an immunocompromised condition.
- A family member with a high-risk pregnancy.
- A family member with a tracheostomy.
- A family that is at risk of imminent harm due to child protection (DCF removal).
- A family at risk of domestic violence.
Unlike an extension, you have to directly ask for a hardship waiver. You must ask EOHLC for a hardship waiver at least 30 days before you are supposed to leave shelter. EOHLC can accept your request if it is late, but they don’t have to.
Clinical and Safety Risk Assessments (CSRs)
After you ask for a hardship waiver, you will have a clinical evaluation to determine if you qualify. These are called Clinical and Safety Risk Assessments or CSRs.
- You can do an assessment in person at a Clinical and Safety Risk Assessment site. The EA shelter will give you transportation to the site.
- You can ask your doctor to fill out a special CSR form. Or,
- You can do a CSR over the phone.
After the CRS, EOHLC tells you in writing if you will get a hardship waiver.
Yes.
- You can appeal your termination if EOHLC does not give you an extension.
- You can appeal the denial if EOHLC does not give you a hardship waiver.
You have to send EOHLC your appeal no later than 21 days from the date on the notice. Email your appeal to the EOHLC hearings division at [email protected]. You can also fax or mail your appeal.
Your shelter worker should give you the appeal form and help you file the appeal if you ask them to help you.
Learn more about EA appeals.
If you leave on your exit date, then you can apply for shelter again right away. Your exit date includes any extra time that you got because of extensions or a hardship waiver.
- You may have to wait on the waiting list after applying again.
- You still have to apply and be found eligible for shelter.
If you stay past the date you are allowed to stay, Massachusetts may make you wait 12 months before you can be approved for shelter again.
If you get a notice of termination (Ineligible for First 90-day Extension) and you think your family should have gotten an extension, you may be able to find a lawyer to help.
Learn more about the Length of Stay policy on EOHLC’s website, and from the EOHLC June 12, 2024 memorandum.