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203.2 TANF MANUAL 7/21 Page 2a

Step (3) Trial Time

The judge will review the arguments of both parties. If the judge rules in favor of the landlord, the tenant will have just 10 days to appeal before the decision will become final.

Step (4) Writ of Possession

This legal document, once issued, will be sent to the Sheriff. Within 30 days, the Sheriff will go to the property to execute the physical eviction of the tenant.

Step (5) Possession Removal

There are two ways a landlord/owner can handle the removal of a tenant’s property:

• 24-Hour Notice - This policy lets the tenant know that any property left behind after they leave the premises will be considered abandoned after 24 hours. • 10-Day Notice - If the landlord fails to include any type of statement with the original eviction notice, the landlord is required to wait 10 days before removing the tenant’s belongings and the landlord must send the tenant a 10-day notice letting them know that anything they do not claim will be removed.

The total amount granted to a family under the EA Program shall not exceed $1,500 during any one period of thirty (30) consecutive days in any twelve (12) consecutive months. If Emergency Assistance is approved, the VaCMS will apply a Period of Ineligibility (POI) of 365 calendar days to the applicant only beginning 30 days after the first EA issuance is made.

Example: EA application was approved on 3/29/2021, the first EA payment was issued on 3/29/2021. The POI will begin on 4/28/2021.

To determine eligibility for Emergency Assistance, the case will be screened at the maximum income screening of the Standard of Assistance if the applicant is not currently a TANF recipient. (If the applicant is currently receiving TANF assistance, the screening is not necessary.) The EW will evaluate the “Countable Net Income” that is listed on the TANF Group – Income Eligibility screen in the VaCMS that is available to the AU to determine if the income will meet all of the AU’s needs. If the available income will not meet all of the AU’s needs, EA may be granted to meet the unmet needs, up to the $1,500 EA maximum. When determining countable net income, the EW must refer to guidance at 305.2, page 12. The countable net income is all income, both earned and unearned, which is available or expected to be available to members of the assistance unit, except for that portion specifically disregarded. Refer to Section 305, Appendix 3, pages 1-2, for determining net countable income calculation for TANF.

Note: The TANF payment is not counted in the EA eligibility determination.

Example 1: A case passes the maximum income screening and is otherwise eligible. The net countable income is $0. The client is seeking $1,500 to cover the emergency. In this case, EA will be issued for $1,500.

Example 2: A case passed the maximum income screening and is otherwise eligible. The client has $300 net countable income available. The client claims $500 in unmet expenses. EA will be issued for $200.

Note: Even if a client spent money that is included in their net countable income at the time of application, the income is counted for purposes of determining eligibility.

TANF Transmittal 71