370.10 Temporary Shelter Supplements
This section governs the provision of supplements known as Temporary Shelter Supplements (TSS). Such supplements may be provided to recipients of Safety Net Assistance (SNA) who would otherwise be eligible for Family Assistance (FA) but for the time limits on receipt of such assistance and who meet the conditions set forth below. Such supplements are provided pursuant to an authorization and appropriation in the State budget. This section shall be effective only for so long as a specific appropriation in the State budget is made therefore.
(b) Application of other regulations.
TSS is provided only to recipients of non-federally participating SNA program. TSS recipients are subject to all the regulations of this Title governing SNA unless otherwise specified in this section.
(c) District responsibilities.
All social services districts authorized to provide a TSS benefit must:
(1) Upon this office's eligibility determination for a TSS benefit or the local districts determination of eligibility for such a benefit, if directed by this office to make such determination, provide such benefits to eligible individuals.
(2) Ensure that all SNA recipients in receipt of a TSS benefit comply with all training requirements and case management services.
(3) Periodically report to this office on the recipients of TSS at such times and in such manner as this office may direct.
(d) Eligibility requirements for applicants who are not receiving a supplemental shelter allowance when they apply for TSS.
(1) Applicants for TSS who were not receiving a supplemental shelter allowance must apply for TSS on a form prescribed by this office.
(2) To be eligible for TSS, there must be a court proceeding concerning the nonpayment of rent, maintenance or mortgage where the applicant resides. The application shall include documentation demonstrating that the case is on file with a court including the caption, index number and an official court stamp or signature.
(3) The applicant must reside in a social services district in which a lawsuit challenging the adequacy of the shelter allowance maxima in the FA program was commenced prior to December 1, 2001 and preliminary relief has been ordered.
(4) Receipt of TSS must enable the applicant to remain in his or her housing. The district may pay up to $3,000 or six times the monthly rental obligation in full satisfaction of tenant liability for rent arrears, whichever is higher, in accordance with paragraph (4) of subdivision (f) of this section. This office may require the applicant to move to a similar priced apartment in lieu of paying arrears.
(e) Eligibility requirements for all applicants for TSS, including persons receiving a supplemental shelter allowance when they apply for TSS.
(1) All individuals requesting a TSS benefit must be eligible.for SNA, have exhausted their FA eligibility as a result of the 60 month time limitation and be eligible for FA except for the application of the time limits.
(2) The TSS benefit must not exceed the amounts established in subdivision (f) of this section.
(3) The public assistance recipient must be the tenant of record and have a lease for the housing or obtain an agreement in writing to stay for at least one year if the tenancy is not covered by rent regulation.
(4) In addition, the following case circumstances must be met in order to receive a TSS benefit:
(i) No one in the public assistance case can be sanctioned.
(ii) The public assistance household must contain a child under the age of 18 or under the age of 19 and a full-time student.
(iii) The household cannot have willfully lost section 8 assistance provided by the Federal Department of Housing and Urban Development, without good cause, within the past two years.
(iv) The household must apply for section 8 assistance, if permitted to do so, and take the benefit, if offered.
(v) The household must verify household composition and rent must be paid by non public assistance (NPA) household members as described below.
(vi) Any changes that effect TSS eligibility must be reported to this office, if acting on behalf of the local district, and the district within 10 days of the change. Failure to report any change may result in permanent discontinuance of TSS benefits.
(5) NPA household members, including persons not eligible for public assistance due to their immigration status and recipients of supplemental security income (SSI) or foster care, must agree to contribute either their pro rata share of the rent or 30 percent of their gross income to the rent, whichever is less. In addition:
(i) The NPA's income must be verified.
(ii) If the NPA claims to have no income, the person must apply for public assistance before the additional allowance can be authorized.
(iii) Persons reported as not eligible for public assistance due to their immigration status, who are without income will not be expected to contribute toward their rent or be included in the shelter number.
(f) Needs and allowances.
(1) TSS allowance. The amount of the TSS
benefit will be established by this office. The maximum benefit an SNA household may
receive is equal to the amount which was or would have been previously authorized .for
that household size by a court ordered supplement under FA. SNA households that were not
in receipt of a court ordered supplement prior to their receiving SNA assistance, may
receive an allowance equal to the difference between the shelter allowance determined in
accordance with section 352.3 of this Title and the actual rental obligation; provided
however, that the TSS allowance must not exceed an amount equal to the shelter allowance
maximum or an amount, when combined with the allowable shelter allowance, is equal to the
following rent table, whichever is greater:
By family size
$450 $550 $650 $700 $725 $750 $775 $800
(2) TSS benefit increase limitations. Once TSS benefits have been authorized for a household, the TSS benefit amount may increase for that household up to the maximum established in paragraph (1) of this subdivision, provided that the increase is documented in the recipient's lease or rental agreement.
(3) TSS rental amounts. The temporary assistance household's rental obligation may exceed the amount authorized under paragraphs (1) and (2) of this subdivision by up to one hundred dollars. The household is responsible for this excess amount and must agree to have this amount restricted from their regular public assistance benefit authorized under section 352.2 of this Title.
(4) Arrears payments. Rent arrears may be authorized as part of the TSS request. Arrears payments for rent cannot exceed the higher of $3,000 or six times the monthly rental obligation. Under extenuating circumstances (e.g. need to keep current housing for medical reasons), and subject to approval by this office, an arrears amount can be authorized for a higher amount not to exceed 10 times the monthly rental obligation. Once arrears payments, including arrears caused by rent increases, are made for the household under this section, no future rental arrears payments will be made for any month in which a TSS benefit was authorized for the household or for any month in which the case was sanctioned.
The following general provisions apply:
(1) A recipient is no longer eligible for a TSS benefit once he or she has lost eligibility for public assistance.
(2) The undue hardship reduction procedures found in section 352.31(d)(2) of this Title do not apply in relationship to TSS benefits.
(3) As a condition for receiving a TSS benefit, recipients must agree to have their entire rent paid directly to the landlord.
(4) TSS is not part of the standard of need for determining eligibility for public assistance. Eligibility shall be determined without regard to TSS.
(h) Notice and procedural rights.
To the extent not inconsistent with this section, desk reviews of case discrepancies will forgo the procedures in Part 358 of this Title.
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