Page 81

203.1-203.2 TANF MANUAL 7/24

Page 2

E. The emergency assistance is necessary (1) to avoid destitution of the child or (2) provide living arrangements for him in a home (203.2).

F. Receipt of emergency assistance will not count toward either the 24 or 60-month limit on the receipt of TANF. However, an assistance unit that is in a POI for TANF due to either the 24 or 60-month limit on the receipt of TANF will also be ineligible for emergency assistance. In addition, an AU that is in a TANF POI for the receipt of diversionary assistance will also be ineligible for emergency assistance.

G. For current TANF recipients, needs can be met through EA without consideration of the regular TANF payment.

H. An EA payment may not be issued to replace money lost by the recipient or for the loss of earnings.

I. At no time can an applicant be approved for Diversionary Assistance and Emergency Assistance at the same time.

203.2 EMERGENCY ASSISTANCE FOR DISASTER, FIRE, OR EVICTION PREVENTION

A. Needs Covered - Emergency Assistance shall be used to cover an applicant’s immediate needs resulting from a disaster or fire or to assist with eviction prevention. The case record must include documentation that the disaster or fire occurred and the date of the event. For disasters or fires, the immediate needs which can be covered include items such as food, shelter items, clothing, repair or replacement of household equipment which has been destroyed or rendered unusable and moving or storage of household equipment.

An applicant who has received a Five-Day Notice to Pay Rent or Quit/Vacate Property and/or a Summons for Unlawful Detainer may apply for Emergency Assistance to prevent eviction. To be eligible for eviction prevention under TANF’s Emergency Assistance program, the applicant must have the following:

• Valid lease agreement with the landlords/owner; and • Five-Day Notice to Pay Rent or Quit/Vacate Property; or • Summons for Unlawful Detainer, with a court date, to verify the imminent danger of losing housing

Eviction is the legal process of removing a tenant from a rental property. Steps to the eviction process are:

Step (1) Give Notice - Five-Day Notice to Pay Rent or Quit/Vacate Property - This notice is used whenever the tenant fails to pay rent by its due date.

Thirty-Day Notice to Fix or Quit/Vacate Property - This notice is used whenever some minor terms of the lease are violated.

No Notice - If a tenant commits a crime or is putting the health and safety of anyone at risk by being at the property, they can be evicted without notice.

Step (2) Summons for Unlawful Detainer

A Summons for Unlawful Detainer is a legal way for a landlord to evict a tenant if the tenant does not pay the overdue rent or correct the issue. It requires a special court process and can move quickly through the court system. TANF Transmittal 78