Sec. 07.01.19.05. Emergency and Transitional Housing and Services Program

A. Program Purpose. The Emergency and Transitional Housing and Services Program provides funds for shelter and support services, start-up monies for new shelters and transitional housing programs, and limited rent and mortgage assistance.

B. Eligibility for Services.

(1) A family unit is eligible for shelter and food service if the family unit is homeless. A family unit is eligible for food services even if the family unit's eligibility determination is pending from another food program.

(2) A family unit is eligible for emergency rent or mortgage subsidy service if the family unit is:

(a) Living in permanent housing and facing immediate eviction or foreclosure, or at risk of eviction or foreclosure;

(b) Able to present verification of a pending eviction or foreclosure, or risk of eviction or foreclosure; and

(c) Determined by the provider to be able to continue to stay in the home or to move to other permanent housing through payment to, or arrangement with, the landlord or mortgage holder.

C. Delivery of Services.

(1) Subject to available funds and staff, services as described in §C(2)-(6) of this regulation may be provided.

(2) Shelter Service.

(a) When the service provider provides shelter service, it shall have available on the premises, or by arrangement, sleeping accommodations for the family unit or, if the shelter is operating only during the day-time hours, refuge accommodations for the family unit. Shelter service may be one of the following:

(i) Emergency crisis shelter which provides sleeping accommodations for homeless family units on a short-term basis, while other arrangements are being explored;

(ii) Transitional shelter which provides sleeping accommodations for three to 24 months, and case management services to help homeless family units achieve stable, permanent housing and as high a level of economic self-sufficiency as possible; or

(iii) Day-time shelter which provides refuge for homeless family units during the day-time hours.

(b) The service provider shall refer the family unit to another agency for shelter when the family unit's circumstances require it.

(3) Food Service. When the service provider provides food service, the food service may be provided:

(a) On the premises;

(b) By arrangement with another service provider or restaurant;

(c) By providing vouchers for groceries;

(d) By cash grant, when other methods are not possible;

(e) By referral to a food bank or other food distribution source; or

(f) By referral to other agencies when client needs are identified and the service provider is unable to provide those services needed.

(4) Transportation Service. As part of shelter, food, or case management service, the provider may provide or arrange for transportation for the client.

(5) Case Management Service. When the service provider provides case management services, the services shall include, but are not limited to:

(a) Assessing the client's needs;

(b) Developing a case plan;

(c) Linking the client to other services; and

(d) Advocating for services on the client's behalf.

(6) Emergency Rent or Mortgage Subsidy Service.

(a) The emergency rent or mortgage subsidy service shall include an:

(i) Evaluation of the client's ability to continue in the home or to move to other permanent housing through payment to or arrangement with the landlord or mortgage holder; and

(ii) Arranged contact with the landlord or mortgage holder.

(b) When the service provider provides the emergency rent or mortgage subsidy service, the provider shall provide a check payable to the landlord or mortgage holder for the payment of the rent or mortgage.

(7) Limitations on Emergency Rent or Mortgage Subsidy Service.

(a) The emergency rent or mortgage subsidy service is limited to the first month's rent or to 1 month's rent or mortgage payment on the condition that:

(i) Payment will prevent the client's eviction or foreclosure; and

(ii) The service provider determines that the client will be able to continue in the home or to move to other permanent housing through payment to or arrangement with the landlord or mortgage holder.

(b) A client may receive the emergency rent or mortgage subsidy service once in any State fiscal year.

(8) Religious Activities. The service provider may not require the client to participate in religious activities as a condition of receiving services.

D. Redetermination. A shelter service provider shall review eligibility at least every month, or whenever a change occurs in the client's circumstances.

E. Termination.

(1) The service provider may terminate the program services if the client:

(a) Secures necessary services from another source;

(b) Does not comply with the conditions set forth in the service plan;

(c) Becomes ineligible;

(d) No longer needs the program service;

(e) Refuses further service;

(f) Refuses to abide by the rules of the service provider; or

(g) Has met or exceeded the written time limit for the service established by the service provider.

(2) If the service provider terminates service to the client because the client refuses to abide by the rules of the service provider, the provider shall make every effort to refer the client to another facility or agency.

F. Charges and Fees.

(1) Emergency Shelter. If the service provider charges fees for emergency shelter, the service provider shall determine the fee in accordance with the provisions of the Homeless Women-Crisis Shelter Home Program under COMAR 07.01.17.11B and C.

(2) Transitional Housing.

(a) If the service provider charges fees for transitional housing, the amount to be charged to the client may not be more than 30 percent of the client's available monthly income.

(b) Income from the following sources is included in determining the available monthly income of a recipient of transitional housing:

(i) Wages received by the client after any required deductions;

(ii) Child support received directly;

(iii) Alimony payments received directly;

(iv) Dividends or interest actually received from savings, stocks, or bonds;

(v) Social Security, V.A., or other disability or retirement pension plan payments actually received;

(vi) Public assistance payments actually received; and

(vii) Other money income, such as tips, donations, or rents.

(c) If the service provider intends to charge more than 30 percent of the client's available monthly income for transitional housing, the service provider shall request a waiver from the LAA and the Department. The Department shall make the final decision to grant the waiver.