DCF 120.05(2)(a) (a) The group lacks a fixed, regular, and adequate nighttime residence.
DCF 120.05(2)(b) (b) The group has a current residence that is a shelter designed for temporary accommodation such as a motel, hotel, or emergency shelter facility.
DCF 120.05(2)(c) (c) The group has already left its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority.
DCF 120.05(2)(d) (d) The group is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation.
DCF 120.05(2)(e) (e) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats.
DCF 120.05(3) (3)Eligibility due to impending homelessness. An emergency assistance group shall be considered to be facing impending homelessness for purposes of determining nonfinancial eligibility under sub. (1) if any of the following apply:
DCF 120.05(3)(a) (a) The emergency assistance group is experiencing a financial crisis that makes it very difficult to make a rent payment, mortgage payment, or property tax payment and the group has been notified that it will be required to leave its current housing if it does not make that payment immediately. The W-2 agency shall verify the following:
DCF 120.05(3)(a)1. 1. The emergency assistance group is experiencing a financial crisis due to reasons that are either beyond the control of an adult member of the group or that constitute good cause as determined by the W-2 agency.
DCF 120.05(3)(a)2. 2. The financial crisis was caused by one or more of the following:
DCF 120.05(3)(a)2.a. a. Loss of employment that does not include voluntarily leaving appropriate employment without good cause.
DCF 120.05(3)(a)2.b. b. Substantial loss of wages due to illness or injury of a group member, domestic violence, lack of child care, a transportation breakdown, or a reduction of work hours by an employer.
DCF 120.05(3)(a)2.c. c. Loss of income due to a second parent leaving the group.
DCF 120.05(3)(a)2.d. d. Exceptional, unexpected, and necessary expenses that are not the responsibility of a third party, such as car repair expenses necessary for transportation to work or medical expenses required to be paid.
DCF 120.05(3)(a)2.e. e. Loss of W-2 benefits due to a sanction that is subsequently overturned through the dispute resolution process under s. 49.152, Stats.
DCF 120.05(3)(a)2.f. f. Other reasonable circumstances as determined by the W-2 agency.
DCF 120.05(3)(a)3. 3. The emergency assistance group has received at least one of the following notices:
DCF 120.05(3)(a)3.a. a. A notice terminating tenancy for failure to pay rent that meets the minimum requirements of s. 704.17, Stats.
DCF 120.05(3)(a)3.b. b. A summons and complaint for an eviction action which is based on failure to pay rent.
DCF 120.05(3)(a)3.c. c. A notice of foreclosure for failure to pay property taxes or a mortgage.
DCF 120.05(3)(a)3.d. d. A summons and complaint for a foreclosure action that is based on failure to pay property taxes or a mortgage.
DCF 120.05(3)(a)3.e. e. A writ of assistance, notice of sale, or other verifiable documentation that a foreclosure judgment has been entered against a member of the emergency assistance group and the group will be required to vacate the premises imminently.
DCF 120.05 Note Note: Section 799.40 (4), Stats., provides: “The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.138, except that no stay may be granted under this paragraph after a writ of restitution has been issued in the proceedings. If a stay is granted, the tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant's eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance, except that the stay may not remain in effect for more than 10 working days, as defined in s. 227.01 (14).”
DCF 120.05(3)(b)1.1. The emergency assistance group has received written or oral notice that the group will be removed from their rental housing because of a foreclosure action against the owner.
DCF 120.05(3)(b)2. 2. The removal of the group from the rental housing is scheduled to occur within 30 days.
DCF 120.05(3)(b)3. 3. The group needs emergency assistance to obtain a new permanent living accommodation.
DCF 120.05(3)(b)4. 4. The W-2 agency has verified subd. 1. to 3.
DCF 120.05(3)(c) (c) The group has to leave its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority and the group needs emergency assistance to obtain a new permanent living accommodation.
DCF 120.05(3)(d) (d) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats., and the group needs emergency assistance to obtain a new permanent living accommodation or retain a current permanent living accommodation.
DCF 120.05(4) (4)Eligibility due to energy crisis. An emergency assistance group is eligible for assistance due to an energy crisis if all of the following apply
DCF 120.05(4)(a) (a) The group has exhausted resources available through the Wisconsin Home Energy Assistance Program, assistance available through a local utility company as required by the public service commission, and any other available energy resources. In this paragraph, “exhausted resources" means either that the group has been denied services from the other sources or other funding sources do not cover the full cost of the group's energy crisis.
DCF 120.05(4)(b) (b) The group needs financial assistance to obtain or maintain heat, electricity, water, or sewer service provided by a utility company.
DCF 120.05(4)(c) (c) The lack of, or imminent lack of, utility service providing heat, electricity, water, or sewer is or is likely to be an immediate threat to the health or safety of the group.
DCF 120.05(4)(d) (d) The energy crisis is due to reasons beyond the control of adult members of the group or constitute good cause as determined by the W-2 agency.
DCF 120.05 Note Note: For more information on the Wisconsin Home Energy Assistance Program (WHEAP), call 1-866-HEATWIS (1-866-432-8947) or click on “where to apply" at http://www.homeenergyplus.wi.gov/. For more information on utility assistance required by the Public Service Commission, see PSC 113, PSC 134, and PSC 185. For concerns about utility service, contact the Public Service Commission at 1-800-225-7729 or the “contact us" section of http://psc.wi.gov.
DCF 120.05 History History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (em), (f) 5., and (3), renum. (1) (f) 5. to be (1) (f) 6., Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. (1) (f) 6. and (3), cr. (3) (b) and (4), eff. 4-22-09; CR 09-059: am. (1) (f) 6., (2) (c) and (3), cr. (3) (b) to (d) and (4) Register December 2009 No. 648, eff. 1-1-10; CR 08-068: am. (1) (c) Register May 2010 No. 653, eff. 6-1-10.
DCF 120.06 DCF 120.06Financial eligibility. To be eligible for emergency assistance, all of the following conditions shall be met:
DCF 120.06(1) (1)Income. The gross income of the emergency assistance group may not exceed 115% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s. DCF 101.09 (3) (b), except any of the following grants received in the month of the emergency is not counted:
DCF 120.06(1)(a) (a) Kinship care payments under s. 48.57 (3m) or (3n), Stats.
DCF 120.06(1)(b) (b) Foster care payments under s. 48.62, Stats., if the payment is on behalf of a child who is a relative.
DCF 120.06(2) (2)Assets. The assets of the emergency assistance group may not exceed $2,500 in combined equity value. The agency shall determine the amount of assets available to the group in accordance with s. DCF 101.09 (3) (a).
DCF 120.06 History History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; corrections in (3) (intro.) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 09-059: r. and recr. Register December 2009 No. 648, eff. 1-1-10.
DCF 120.07 DCF 120.07Payment amounts.
DCF 120.07(1) (1) An emergency assistance payment for impending homelessness, homelessness, fire, flood, or natural disaster, the emergency assistance payment shall be the lowest of the following 2 amounts:
DCF 120.07(1)(a) (a) The total of the maximum payment amount per group member for that group size multiplied by the number of members in the emergency assistance group.
DCF 120.07 Note Note: The maximum payment amount per group member for impending homelessness, homelessness, fire, flood, or natural disaster is the following:
DCF 120.07 Note $258 per group member when the group is 2 members.
DCF 120.07 Note $172 per group member when the group is 3 members.
DCF 120.07 Note $129 per group member when the group is 4 or 5members.
DCF 120.07 Note $110 per group member when the group is 6 or more members.
DCF 120.07 Note Changes to the maximum payment amounts will be announced in the Administrative Register.
DCF 120.07(1)(b) (b) The total financial need due to the emergency, as follows:
DCF 120.07(1)(b)1. 1. The financial need due to impending homelessness shall be unpaid rent and related late fees and court costs.
DCF 120.07(1)(b)2. 2. The financial need due to homelessness shall be the first month's rent, security deposit, and necessary household items.
DCF 120.07(1)(b)3. 3. The financial need due to fire, flood, or natural disaster shall be the total need in all of the following:
DCF 120.07(1)(b)3.a. a. Temporary housing.
DCF 120.07(1)(b)3.b. b. First month's rent and security deposit.
DCF 120.07(1)(b)3.c. c. Clothing.
DCF 120.07(1)(b)3.e. e. Medical care.
DCF 120.07(1)(b)3.f. f. Transportation.
DCF 120.07(1)(b)3.g. g. Necessary appliances and household items.
DCF 120.07(1)(b)3.h. h. Necessary home repairs.
DCF 120.07(2) (2) The emergency assistance payment for energy crisis shall be the lowest of the following:
DCF 120.07(2)(a) (a) The maximum payment amount for the group.
DCF 120.07(2)(b) (b) The amount needed to obtain or maintain essential utility service.
DCF 120.07 Note Note: The maximum payment amount for energy crisis is $500. Changes to the maximum payment amount will be announced in the Administrative Register.
DCF 120.07 History History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. eff. 4-22-09; CR 09-059: r. and recr. Register December 2009 No. 648, eff. 1-1-10.
DCF 120.08 DCF 120.08Eligibility determination and payment procedures.
DCF 120.08(1)(1) The agency shall determine eligibility for emergency assistance within 5 working days after receiving a completed application. If the group is found eligible, the agency shall issue a payment to the emergency assistance group within the same 5 working days, except as provided in subs. (4) and (5). The payment may be made in the form of cash, a voucher, or a vendor payment.
DCF 120.08(2) (2) The agency shall notify the applicant in writing of the eligibility determination. If the application is denied, the notice shall include reasons for the denial and information about the opportunity to appeal that decision under s. DCF 120.10.
DCF 120.08(3) (3) Emergency assistance payments shall not be used for activities related to or the costs of providing temporary or transitional shelter or housing, except if a group is in need of assistance due to a fire, flood, or natural disaster.
DCF 120.08(4) (4) If the emergency assistance group's eligibility is due to homelessness under s. DCF 120.05 (2) or impending homelessness under s. DCF 120.05 (3) (b) or (c), the agency shall issue a payment, following the eligibility determination, within 5 working days of the date that the group notifies the agency that a permanent living accommodation has been obtained.
DCF 120.08(5) (5) Emergency assistance payments for impending homelessness under s. DCF 120.05 (3) (a) or (d) may be issued to obtain a new permanent living accommodation or retain a current permanent living accommodation.
DCF 120.08(5)(a) (a) If an emergency assistance group requests that the emergency assistance payment be made to obtain a new permanent living accommodation, the agency shall issue a payment, following the eligibility determination, within 5 working days of the date that the group notifies the agency that a permanent living accommodation has been obtained.
DCF 120.08(5)(b) (b) If an emergency assistance group requests that the emergency assistance payment be made to retain a current permanent living accommodation, the W-2 agency shall confirm that the landlord, bank, or local government agrees to waive any right to proceed with an eviction or foreclosure action based on the notice served in consideration for receiving the emergency assistance payment on behalf of the group. The agency shall issue a payment, following the eligibility determination, within 5 days of the date that the agency receives this confirmation from the landlord, bank, or local government.
DCF 120.08(6) (6) Emergency assistance may be provided to an emergency assistance group once in a 12-month period.
DCF 120.08 History History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; cr. (6), Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. (1), r. (3), renum. (4) to be (3), cr. (4), renum. (5) to be (6) and am., renum. (6) to be (5), Register November 2006 No. 611, eff. 12-1-06; corrections in (2), (4) and (5) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. (4) and (5) (intro.), eff. 4-22-09; CR 09-059: am. (2), (4) and (5) (intro.) Register December 2009 No. 648, eff. 1-1-10.
DCF 120.09 DCF 120.09Social services.
DCF 120.09(1) (1) In determining the emergency assistance group's total need, the agency shall consider the social service needs of the group and make appropriate referrals to assist the group in meeting those needs.
DCF 120.09(2) (2) Social service needs include but are not limited to the need for:
DCF 120.09(2)(a) (a) Information and referral to the appropriate service agency
DCF 120.09(2)(b) (b) Counseling
DCF 120.09(2)(c) (c) Family shelter
DCF 120.09(2)(d) (d) Child care funding.
DCF 120.09 History History: Cr. Register, October, 1999, No. 526, eff. 11-1-99.
DCF 120.10 DCF 120.10Review of agency decisions.
DCF 120.10(1) (1) An emergency assistance applicant or participant may petition the agency for a review as provided under s. 49.138 (4), Stats., if one of the following occurs or is alleged by the applicant or participant:
DCF 120.10(1)(a) (a) The application for emergency assistance was not acted upon promptly after filing. The standard for reasonable promptness shall be the requirements established by s. DCF 120.08 (1).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.