§ 2114. Rental or Mortgage Arrearage Program
(a) The Department for Children and Families shall provide up to three months of rental
or mortgage arrearage assistance to eligible families. Assistance under this section
is not an entitlement and shall be limited to the funds appropriated.
(b) As used in this section:
(1) “Disability” means:
(A) that an individual is receiving Medicaid, disability insurance benefits under the
Social Security Act (SSI or SSDI), or Medicare based on a determination of disability;
(B) a physical or mental impairment that substantially limits one or more major life activities
of the individual or a record of such an impairment; or
(C) a physical or mental impairment that prevents an individual from working for at least
30 days as verified by a signed statement from a physician or licensed practitioner.
(2) “Extraordinary event” means a serious situation, occurrence, or emergency that either:
(A) happens unexpectedly and demands immediate attention, including an unanticipated need
for a work-related expense necessary to preserve employment or for housing expenses
required to remove life-threatening hazards or to keep the home habitable; or
(B) leads to additional expenses or loss of income that could not have been prevented
by the family, including a death or illness of a family member.
(3) “Gross housing expenses” includes the family’s rent or mortgage, insurance that is
required as part of the mortgage, property taxes, condominium fees, and utility costs,
including fuel, electricity, water, basic telephone service, and sewer, but excluding
television service.
(4) “Income” shall be calculated using the Emergency Assistance rules, including the rules
relating to deductions and exemptions.
(c) A family is eligible if:
(1) The family includes at least one dependent child.
(2)(A) The family is in imminent danger of losing its housing due to circumstances that could
not reasonably have been avoided, including:
(i) the rent or mortgage payments were not made because the family experienced an extraordinary
event that appropriately required the use of the funds;
(ii) a family member has a disability that contributed to the circumstances that could
not reasonably have been avoided and resulted in the rent or mortgage payments not
being made; or
(iii) the family’s essential expenses exceeded the family’s income or the family’s gross
housing expenses were equal to or greater than 60 percent of the family’s income.
(B) The family is likely to be eligible for temporary housing assistance, and payment
under this section would be more cost-effective than providing temporary housing.
(3) The payment of all or a portion of that arrearage will prevent, not merely postpone,
homelessness.
(4) The family has received a notice of rental termination for nonpayment of rent or a
sworn statement of the amount of rent owed from the landlord, or a mortgage demand
notice from the mortgage holder.
(5) The landlord or mortgage holder agrees to terminate any action intended to evict or
otherwise cause the family to relocate as a result of the payment and agrees not to
reinstitute such action on the basis of obligations remaining as of the date of payment.
(6) The family meets all other criteria for Emergency Assistance, except that prior receipt
of Emergency Assistance for another purpose shall not disqualify the family for assistance
under this section. Assistance under this section shall be available not more than
once every 12 months. (Added 2005, No. 215 (Adj. Sess.), § 140; amended 2015, No. 23, § 58.)