1. (a) The department shall operate an emergency assistance program pursuant to RSA 167:7, V to assist families to secure or retain permanent housing.

2. (b) To be financially eligible to receive emergency assistance to secure or retain permanent housing, the family shall meet one of the following:

   1. (1) Be eligible for and receiving financial assistance to needy families (FANF);
   2. (2) Be categorically and financially eligible for FANF according to the requirements described throughout He-W 600 but not be receiving it; or
   3. (3) Meet all the categorical and financial requirements to receive FANF, as described throughout He-W 600 except that the caretaker relative shall not be required to meet the definition of a specified relative, as defined in He-W 601.07, provided that the children did live with a specified relative, as so defined, within 6 months prior to the month in which the emergency assistance is requested.
3. (c) When determining financial eligibility for emergency assistance to secure or retain permanent housing, the income and resources of all eligible children, and a specified relative as defined in He-W 601.07 and the specified relative’s spouse, shall be combined and compared to the FANF payment standard for the appropriate assistance group (AG) size as described in He-W 658.02, and FANF resource limits, as described in He-W 656.06, whether the family is receiving FANF or not.

4. (d) Non-financial eligibility requirements for emergency assistance to secure or retain permanent housing shall be as follows:

   1. (1) The applicant shall submit a written request for assistance to the department as indicated in (e) below;
   2. (2) The applicant shall verify that the AG is experiencing or is threatened with homelessness or unsafe or unhealthy living conditions pursuant to He-W 606.104(b);

   3. (3) The applicant:

      1. a. Has complied with all verification requirements of He-W 606.104; and
      2. b. Is not under sanction pursuant to RSA 167:79, VI(b)-(d) or RSA 167:82, III(c)-(g) at the time of application or at any time during the eligibility determination process for emergency assistance, or if an individual in sanction has a plan to cure and is actively engaging in curing the sanction with the New Hampshire employment program (NHEP), then the individual shall be eligible to apply for emergency assistance;

   4. (4) The applicant's residence shall be currently occupied and:

      1. a. Owned or rented by any of the individuals whose needs, income, and resources are used to determine eligibility for emergency assistance;

      2. b. Jointly owned with:

         1. 1. An individual whose needs, income, and resources are used to determine eligibility for emergency assistance; or
         2. 2. The individual's spouse or adult child who resides on the property; or
      3. c. Be owned on a future date by any of the individuals cited in (4)a and (4)b above, pursuant to a court order which awards the property to the individuals(s) and specifies that the property will be transferred; and

   5. (5) The applicant’s need for emergency assistance is not due to:

      1. a. Voluntarily quitting a job of at least 20 hours a week within 60 days of applying for emergency assistance unless the reason for voluntarily quitting meets the good cause criteria pursuant to RSA 167:82, III(c)-(d); or
      2. b. Any of the reasons described in RSA 167:79, VI(b)-(d), and RSA 167:82, III(c)-(g).

5. (e) The applicant shall submit a signed and dated written request for emergency assistance to secure or retain permanent housing to the department which contains the following information:

   1. (1) The type of emergency situation, including time periods, if the request is for a rental, mortgage principal or interest, or utility or fuel delivery arrearages;
   2. (2) The specific type of assistance required; and
   3. (3) The amount of assistance requested.

6. (f) The following types of expenses shall be the only expenses authorized under the emergency assistance to secure or retain permanent housing program:

   1. (1) Rental security deposits or first month’s rent, or both, required to obtain housing, provided that the monthly rental expense does not exceed 100% of the AG’s total monthly income;

   2. (2) The minimum amount of back rent required to retain current housing, provided that:

      1. a. The period the back rent is intended to cover has expired; and
      2. b. If the monthly rent obligation exceeds 100% of the AG’s total monthly income, the AG provides a signed and dated statement from any person or entity indicating the intent to assist in maintaining the AG’s monthly rent obligation;

   3. (3) The minimum amount of back mortgage principal and interest required to retain current housing, provided that:

      1. a. The period the back mortgage principal and interest is intended to cover has expired; and
      2. b. If the monthly mortgage obligation exceeds the AG’s total monthly income, the AG provides a signed and dated statement from any person or entity indicating the intent to assist in maintaining the AG’s monthly mortgage obligation;
   4. (4) Utility deposits required to obtain heat, electricity, water, sewer, and gas service;
   5. (5) Utility arrearages to prevent termination of heat, electricity, water, sewer, and gas service; and

   6. (6) Deliveries of home heating fuel, including:

      1. a. A current fuel delivery; or
      2. b. Payment of the cost of the most recent fuel delivery arrearage which will allow for a current fuel delivery.

7. (g) The AG shall meet the following conditions for the permanent housing expense requested:

   1. (1) The applicant shall provide verification of the emergency situation specified in (e) and (f) above pursuant to He-W 606.104;

   2. (2) If the rental or utility security deposit request exceeds the maximum allowed by the department, the AG shall verify one of the following pursuant to He-W 606.104(b):

      1. a. That the remainder of the deposit will be secured;
      2. b. A payment plan has been arranged for the balance of the deposit; or
      3. c. The payment authorized by the department will secure the housing;

   3. (3) If the amount of the back rent, mortgage principal and interest, or utility arrearage exceeds a 2-month period, the AG shall verify the following pursuant to He-W 606.104(b):

      1. a. The remainder of the back rent, mortgage principal and interest, or the utility arrearage will be secured;
      2. b. Payment of a 2-month portion will prevent eviction, foreclosure, or termination of utilities; or
      3. c. A payment plan has been arranged for the remainder of the bill;

   4. (4) For utility deposits, utility arrearages, and deliveries of home heating fuel requests, the applicant shall verify the following pursuant to He-W 606.104(b):

      1. a. That all sources of energy assistance have been exhausted;
      2. b. That the AG is ineligible for energy assistance; or
      3. c. That energy assistance cannot be provided in time to meet the emergency need; and

   5. (5) If the amount requested for home heating fuel exceeds the maximum allowed by the department, the AG shall verify one of the following pursuant to He-W 606.104(b):

      1. a. That the remainder of the cost will be secured;
      2. b. A payment plan has been arranged with the home heating fuel company for the remainder of the cost; or
      3. c. The payment authorized by the department will secure a current home heating fuel delivery.

8. (h) The maximum amount of emergency assistance to secure or retain permanent housing shall be authorized as follows:

   1. (1) For rental security deposits or first month’s rent, $650;
   2. (2) For rental security deposits and first month’s rent, $650 combined;
   3. (3) For utility deposits, the amount charged by the utility provider;
   4. (4) For deliveries of home heating fuel, $700; and
   5. (5) For rent, mortgage principal and interest, or utility arrearages, the amount charged for a 2-month period.

9. (i) The following shall apply to authorizations of emergency assistance to secure or retain permanent housing:

   1. (1) An emergency assistance request for the same item shall only be approved by the department more than once in a 12-month consecutive period in the following circumstances:

      1. a. Until the maximum amount specified in (h)(3) above is reached, home heating fuel can be authorized up to 6 times in the 12 consecutive months; and
      2. b. A rental security deposit that would enable the applicant to change residences can be authorized more than once in a 12-month consecutive period, provided the landlord has returned or will return the previously authorized deposit to the department;
   2. (2) The department shall authorize payment for either a rental security deposit or a back rent or mortgage principal and interest arrearage, but not both, in the same 30-day period;

   3. (3) The AG shall be:

      1. a. Allowed to retain a total of $250 of the following cash resources, or resources readily converted to cash, which belong to the applicant and the applicant’s spouse if residing with the applicant:

         1. 1. Personal property resources, as defined in He-W 601.06;
         2. 2. Resources resulting from accumulation of types of income excluded by federal mandate; and
         3. 3. Accumulation of federal, state, and local income tax refunds; and
      2. b. Required to apply any remaining amounts of these resources toward the emergency situation before emergency assistance for permanent housing services can be authorized;
   4. (4) The department shall send a written notice of decision (NOD) to the applicant within 15 working days of the date the application for emergency assistance is received by the department;

   5. (5) The NOD described in (4) above shall include the following:

      1. a. The eligibility decision;
      2. b. The reason for the decision, if the emergency assistance request is denied; and
      3. c. The resource computation, if the full amount of the request was reduced by the applicant's personal property resources; and
   6. (6) Emergency assistance payments to secure or retain permanent housing shall be paid to the provider of the service and shall not be paid to the applicant.
10. (j) Emergency assistance payments shall be denied when funds for the programs are no longer available.

Source. (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5370, eff 4-13-92; amd by #6672, eff 1-26-98; ss by #6754, eff 5-20-98; amd by #7206, eff 3-1-00; amd by #7415, EMERGENCY, eff 12-15-00, EXPIRED: 6-13-01; ss by #7497, eff 6-14-01; amd by #7714, eff 7-1-02; paragraphs (j)-(k) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (j)-(k) amd by #8869, eff 4-19-07; paragraph (h) amd by #9300, EMERGENCY RULE, eff 10-21-08, EXPIRES: 4-19-09; ss by #9434, eff 4-1-09; amd by #9642, eff 2-1-10; ss by #10860, eff 6-30-15; amd by #12697, eff 12-31-18; ss by #14299, eff 7-1-25, EXPIRES: 7-1-35