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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Emergency Housing Issues
© 1996-2008 by Neighborhood Legal Services, Inc.
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I couldn't pay the rent and now I'm being evicted. How can I get help to pay back rent?
* You can apply for emergency rental assistance from DSS. Go to the Housing Unit located on the first floor of the Rath Building, 158 Pearl St., Buffalo.
* You must show that you are being evicted because you owe back rent (arrears) DSS requires court papers or a letter from your landlord threatening to sue you if you don't pay. The letter from your landlord should have a breakdown of the exact months and amounts you owe.
* Under certain circumstances, DSS may ask for the money back, either by recouping future cash assistance or by having you sign a repayment agreement.
* If you go to Window #5 or #6 at DSS and tell the worker that you have an emergency, you must be seen that day. Any denial of assistance must be in writing. If DSS is willing to help, but needs more documentation from you, you should be given a list of items needed and a date to return. If your emergency need must be met the same day, DSS must issue cash or a "guarantee letter" that day. If DSS denies your request, it must be in writing.
* If DSS refuses to pay your back rent, and your landlord is threatening to evictyou, call our office immediately at 847-0650 and ask for the Housing Unit. We will review DSS's decision with you. We will tell you how to challenge the decision. We may agree to take your case.
I need to move, how can I find an affordable apartment?
* You will need to find an apartment that is affordable. The maximum amount you can pay for rent varies according to household size and utilities. DSS uses these numbers as a guideline:
| 1 person household | 2 person household | 3 person household | 4 person household | 5 person household |
| $280-300 | $375 | $475 | $525 | $575 |
* When you find an apartment completed landlord statement to DSS so you can get your rent.
* Belmont Shelter Corp. (1195 Main St, 884-7791) and the Rental Assistance Center (470 Franklin St, 882-0063) usually have apartment listings for individuals who need to find affordable housing. If you want counseling or help in finding an affordable home, you can also contact Housing Opportunities Made Equal (HOME) at 854-1400. If you are homeless you can call Crisis Services at 834-3131.
* You can apply for Section 8 assistance at the Rental Assistance Center and at the Belmont . The waiting list for Section 8 is very long; however, they often have shorter lists for individuals who meet criteria for various special programs. Always ask if you might be eligible for one of these special Section 8 programs. You can call Belmont at 884-7791 and the Rental Assistance Center (RAC) at 882-0063.
* You can apply for public housing at the Buffalo Municipal Housing Authority. BMHA has guidelines for acceptance, however, if you are denied you can ask for a review and contact our office for advice.
How can I get help with moving/storage expenses?
* DSS can sometimes help with moving expenses. Go to Window #7 at the Rath Building and ask for assistance.
* DSS can only pay for moving/storage expenses if you are moving to a less expensive apartment or you are under extreme circumstances. For DSS, extreme circumstances are: homelessness, transition out of a shelter, leaving a dangerous or abusive environment, natural disasters, building condemnation, or serious medical conditions that require different housing arrangements.
* DSS will only provide moving expenses if they determine the apartment you are moving to is "affordable." If you are on Public Assistance, your new rent should be no more than $100 over your shelter allowance, as shown in the chart on the previous page. If you have other income, DSS may allow a higher rent.
* If you are denied moving expenses or you have questions about this program, feel free to contact our office at 847-0650.
How can I get help paying my security deposit?
* DSS sometimes helps people pay security deposits or get security agreements. To apply, go to Window #6 at the Rath Building.
* DSS only provides security deposits if you are moving to a cheaper place or if you are in extreme circumstances. For DSS, extreme circumstances are: homelessness, transition out of a shelter, leaving a dangerous or abusive environment, natural disasters, building condemnation, or serious medical conditions that require different housing arrangements.
* DSS may provide a security deposit either by a "security agreement" with the landlord or by a cash security deposit. A security agreement is a form DSS gives the landlord promising to pay damages you owe when you move out. In return, the landlord will let you move in without paying a security deposit. If you get a security agreement and DSS ends up having to pay your landlord, it can be taken out of your grant.
* If your landlord will not accept the "security agreement" DSS may provide a cash payment to the landlord. Your landlord must indicate "cash security only" when s/he fills out your DSS landlord form.
* If you are denied a security deposit or you have questions about this program, feel free to contact our office at 847-0650.
I am being evicted and I am going to a temporary shelter, but I can't take all my things. What can I do?
* DSS can pay to move your belongings to a storage place and pay to store them, if you are financially eligible.
* DSS can also pay for your things to be moved out of storage and moved to your permanent home.
* You can apply for this benefit at Window #5 or #6 at the Rath Building. You can contact our office if you feel you are unfairly denied.
Can I get assistance with transportation and child care when I am looking for housing?
If you have a minor child, DSS must help you with transportation or child care costs to help parents to search for permanent housing. DSS can provide you with either bus passes or tokens.
I have no place to stay, what can I do?
1) If you have no place to stay, go to Window #7 at the Rath Building and ask for assistance. DSS must find you a space in a shelter or a hotel room if the shelters are full.
2) Crisis Services (834-3131) can also help people find space in shelters and provide other assistance.
3) You can contact shelters directly and ask for a bed. The largest shelters in Buffalo are:
City Mission Cornerstone Little Portions
(for men) (for women and children) (for adults)
100 E. Tupper St. 45 Carlton Street 1305 Main Street
Buffalo, NY 14203 Buffalo, NY 14203 Buffalo, NY 14209
(716) 845-8181 (716) 852-0761 (716) 882-5705
Salvation Army Haven House
960 Main Street (716) 884-4000
Buffalo, NY 14202
(716) 884-4798
* If you are already on Public Assistance and you find yourself homeless, make sure your caseworker knows of your changed circumstances to avoid an overpayment. If they pay your shelter allowance and you have no rent expense, you will have to pay the money back.
You are still entitled to a personal needs allowance* while you are at the shelter. Your Temporary Assistance grant may be reduced, not eliminated.
| * If you are getting less than 3 meals at shelters/or hotels
→ you will get $137.00
each month for a single person.
If you are getting all meals at shelters/or hotels
→ you will get $45.00 each month
per person. |
I
am
in
need of financial assistance, what can I do?
* You can apply for Public Assistance at the Rath Building. There is a 45-day waiting period for cash benefits if you are single with no children, or 30 days if you have children. DSS will not open your case early just because you are homeless. However, you may be eligible for emergency food stamps, which can be available within 5 calendar days. If you are staying at a motel you may be eligible for a restaurant allowance. If you are denied, contact our office.
Is there a limit on the amount of times I can get help with rental arrears?
Yes, DSS will only help you one time in a five-year period. DSS can pay up to 6 months arrears, but only one time in the 5 year period.
Am I entitled to a Restaurant Allowance while I am homeless?
Yes, if you are unable to prepare meals where you are staying or if meals are not provided, you should be eligible for a Restaurant Allowance. If you are staying in a motel without cooking facilities or in a shelter that does not provide three meals a day, you may be eligible for a Restaurant Allowance. (18 N.Y.C.R.R. 352.7c)).
Restaurant Allowances are given in the form of cash to you. You will get $64.00 per month. You can also receive an additional $36.00 per month if you are pregnant or are a minor child. You can get a Restaurant Allowance even if you are getting a full Food Stamp grant (although this allowance will reduce your Food Stamp benefits).
Am I entitled to Food Stamps even if I am living in a homeless shelter?
If you are at an emergency shelter, you will be eligible for Food Stamp benefits even if the shelter provides three meals a day. You could also be eligible for Expedited Food Stamps. Expedited Food Stamps must be issued within 5 calendar days of application.
Can I get help even if I am sanctioned?
As a sanctioned person, you cannot get help with emergency benefits. HOWEVER, the needs of the remainder of the family members must be met. For instance, if you have three people in your family, and you are sanctioned, DSS must help with 2/3 of the back rent if your landlord will accept that amount to avoid the eviction. In addition, you would be eligible for an emergency utility payment even if you are subject to a sanction. If you have children with you, DSS will usually place you at a shelter even if you are sanctioned.
I have found a new apartment but I can't move in because I had a utility shut off at my previous address. Is there anything I can do?
Yes, you should apply for emergency assistance for utilities. This is different from HEAP. After you have gotten all of your HEAP benefits, you should then apply at the emergency assistance unit for help with your utilities. If you are eligible, DSS can pay the last 4 month's utility bills (or most recent 4 month's bill of the preceding 10 months, if you are a recipient of SSI or Temporary Assistance). Once the utility company accepts this payment, the utility company must turn on your service, even if your bill exceeds the amount that DSS will pay. Sanction rules do not apply. You should be eligible for this assistance even if you are being sanctioned.
What if I need help finding shelter after business hours?
You can apply for and get temporary housing assistance during non-business hours. Each district must have procedures in place to assist you during non-business hours. Check your phone book for after hour services. In Erie County, Crisis Services operates the after-hours program. Call them at 834-3131.
Do I have to pay to stay at the shelter or hotel?
`It depends. If you receive earned or unearned income, you may be required to pay a "per diem" towards your shelter or hotel bill. DSS uses the same budgeting rules as ongoing Public Assistance: disregards for earned income and dollar-for-dollar reduction for unearned income. Generally, a single person is left with $137 (personal needs allowance) + $64 (restaurant allowance) for a total of $201. The rest of that person's income must be paid towards their housing costs.
What if I am denied one of these benefits?
`You can request an expedited Fair Hearing. 18 N.Y.C.R.R. 358-3.2 gives those seeking emergency assistance priority in the Fair Hearing process.
You can request a hearing by phone at (518) 474-8781 or fax at (518) 472-6735 or on-line at www.otda.state.ny.us/oah/oahforms/erequestform.asp
What if I get placed at a hotel and then I am told that I have to leave, do I have to leave?
You can request an expedited Fair Hearing. In addition, if you ask for the hearing within 10 days of the notice date, you can ask for and receive "aid continuing". This means that DSS has to continue to allow you to stay at the motel or shelter until a Fair Hearing decision has been rendered or there is a default of the hearing.
