The purpose of the Homeless Services Program is to provide shelter, food, and services to homeless family units in Maryland, and to prevent homelessness when possible. The Homeless Services Program is comprised of three programs: The Emergency and Transitional Housing and Services Program under Regulation .05 of this chapter; The Housing Counselor and Aftercare Program under Regulation .06 of this chapter; and The Homelessness Prevention Program under Regulation .07 of this chapter. Regulations .03—.04 and .08—.09 of this chapter apply to all program components of the Homeless Services Program. In this chapter, the following terms have the meanings indicated. Terms Defined. “Client” means a recipient of the program services. “Department” means the Department of Human Services. “Family unit” means an individual or one or more adults and children living together as a family. “Homeless family unit” means a resident or residents of Maryland without housing and lacking resources to provide housing. “Housing crisis” means a situation involving a family unit that is: Threatened with the immediate loss of housing or other shelter; Without resources to prevent an impending eviction; or Otherwise at risk of becoming homeless. “Local administering agency (LAA)” means the agency designated by the Department or local government to manage the program in a particular subdivision, and to provide a service directly or by contract with the service provider. “Resident” means an individual who at the time of application is physically present in the State and has no immediate plans to leave Maryland for residence in another state. “Service provider” means a local agency that is nonprofit, public or private, that contracts with the Department or a local administering agency to provide services under the program. An applicant may apply in person directly to the service provider or other designated agency, and shall complete the application form required by the service provider or other designated agency. The service provider or other designated agency shall: Explain to the applicant the services available; If resources are available, give the applicant an opportunity to complete an application form; and Give written notice of the right to and method for obtaining a fair hearing or grievance procedure. If the Department provides an application form, the service provider or other designated agency shall use the application form prepared by the Department or a form which includes, at a minimum, the same information as the Department's form. The service provider or other designated agency shall assess the application and determine eligibility. If the applicant is eligible, the service provider or other designated agency shall explain: The amount and types of services to be provided; The location where the service is provided; Any rules or conditions of the program where the service is provided; and The right to and method for obtaining a fair hearing or grievance procedure. Program Purpose. The Emergency and Transitional Housing and Services Program provides funds for shelter and support services, start-up monies for new shelters and transitional housing programs, and limited rent and mortgage assistance. Eligibility for Services. A family unit is eligible for shelter and food service if the family unit is homeless. A family unit is eligible for food services even if the family unit's eligibility determination is pending from another food program. A family unit is eligible for emergency rent or mortgage subsidy service if the family unit is: Living in permanent housing and facing immediate eviction or foreclosure, or at risk of eviction or foreclosure; Able to present verification of a pending eviction or foreclosure, or risk of eviction or foreclosure; and Determined by the provider to be able to continue to stay in the home or to move to other permanent housing through payment to, or arrangement with, the landlord or mortgage holder. Delivery of Services. Subject to available funds and staff, services as described in §C(2)—(6) of this regulation may be provided. Shelter Service. When the service provider provides shelter service, it shall have available on the premises, or by arrangement, sleeping accommodations for the family unit or, if the shelter is operating only during the day-time hours, refuge accommodations for the family unit. Shelter service may be one of the following: Emergency crisis shelter which provides sleeping accommodations for homeless family units on a short-term basis, while other arrangements are being explored; Transitional shelter which provides sleeping accommodations for three to 24 months, and case management services to help homeless family units achieve stable, permanent housing and as high a level of economic self-sufficiency as possible; or Day-time shelter which provides refuge for homeless family units during the day-time hours. The service provider shall refer the family unit to another agency for shelter when the family unit's circumstances require it. Food Service. When the service provider provides food service, the food service may be provided: On the premises; By arrangement with another service provider or restaurant; By providing vouchers for groceries; By cash grant, when other methods are not possible; By referral to a food bank or other food distribution source; or By referral to other agencies when client needs are identified and the service provider is unable to provide those services needed. Transportation Service. As part of shelter, food, or case management service, the provider may provide or arrange for transportation for the client. Case Management Service. When the service provider provides case management services, the services shall include, but are not limited to: Assessing the client's needs; Developing a case plan; Linking the client to other services; and Advocating for services on the client's behalf. Emergency Rent or Mortgage Subsidy Service. The emergency rent or mortgage subsidy service shall include an: Evaluation of the client's ability to continue in the home or to move to other permanent housing through payment to or arrangement with the landlord or mortgage holder; and Arranged contact with the landlord or mortgage holder. When the service provider provides the emergency rent or mortgage subsidy service, the provider shall provide a check payable to the landlord or mortgage holder for the payment of the rent or mortgage. Limitations on Emergency Rent or Mortgage Subsidy Service. The emergency rent or mortgage subsidy service is limited to the first month's rent or to 1 month's rent or mortgage payment on the condition that: Payment will prevent the client's eviction or foreclosure; and The service provider determines that the client will be able to continue in the home or to move to other permanent housing through payment to or arrangement with the landlord or mortgage holder. A client may receive the emergency rent or mortgage subsidy service once in any State fiscal year. Religious Activities. The service provider may not require the client to participate in religious activities as a condition of receiving services. Redetermination. A shelter service provider shall review eligibility at least every month, or whenever a change occurs in the client's circumstances. Termination. The service provider may terminate the program services if the client: Secures necessary services from another source; Does not comply with the conditions set forth in the service plan; Becomes ineligible; No longer needs the program service; Refuses further service; Refuses to abide by the rules of the service provider; or Has met or exceeded the written time limit for the service established by the service provider. If the service provider terminates service to the client because the client refuses to abide by the rules of the service provider, the provider shall make every effort to refer the client to another facility or agency. Charges and Fees. Emergency Shelter. If the service provider charges fees for emergency shelter, the service provider shall determine the fee in accordance with the provisions of the Homeless Women—Crisis Shelter Home Program under COMAR 07.01.17.11B and C. Transitional Housing. If the service provider charges fees for transitional housing, the amount to be charged to the client may not be more than 30 percent of the client's available monthly income. Income from the following sources is included in determining the available monthly income of a recipient of transitional housing: Wages received by the client after any required deductions; Child support received directly; Alimony payments received directly; Dividends or interest actually received from savings, stocks, or bonds; Social Security, V.A., or other disability or retirement pension plan payments actually received; Public assistance payments actually received; and Other money income, such as tips, donations, or rents. If the service provider intends to charge more than 30 percent of the client's available monthly income for transitional housing, the service provider shall request a waiver from the LAA and the Department. The Department shall make the final decision to grant the waiver. Program Purpose. The Housing Counselor and Aftercare Program assists families and individuals who are experiencing, or who are in imminent danger of, a housing crisis in obtaining and maintaining permanent housing. Eligibility for Services. Clients for the Housing Counselor and Aftercare Program may include families or single adults. A client is eligible for housing counseling and aftercare services if the client is homeless or is experiencing or is in imminent danger of a housing crisis. In addition, a family applying for these services shall be receiving Temporary Cash Assistance (TCA) or in the process of applying for TCA. Delivery of Services. A housing counselor shall assist family units with securing and maintaining permanent, affordable housing. Services to be provided may include the following: Assisting the client with searching for and obtaining permanent, affordable housing; Developing a comprehensive, current list of housing resources and expanding the list of housing resources to include new resources; Establishing a working relationship and advocating for the client with landlords, property managers, realty companies, and other sources of low-income housing; Working with a client's case manager, when applicable, to coordinate services to the client; Assisting the client, as needed, with issues that contribute to chronic housing problems, such as budgeting and household management; and Performing other duties as designated by the Department. An aftercare case manager shall help family units maintain permanent, affordable housing. Services to be provided may include the following: Assessing the needs of the client and developing a plan to meet the client's identified needs; Referring the client to services based on the client's needs; Monitoring the services provided to the client, and intervening with the service provider if the client has difficulty accessing the service; Maintaining regular contact with the client for counseling, skills development, and crisis intervention; and Performing other duties as designated by the Department. Use of Funds. Program funds may be used for: Salary and FICA for housing counselors and aftercare case managers; Client-related expenses; and Other items as designated by the Department. Client-related expenses include, but are not limited to: First and final months' rent; Transportation for housing searches; Moving expenses; Essential furnishings; Storage; Arrearages; Credit checks and housing application fees; Security deposits; Utility deposits; and Other identified needs. The LAA shall provide funds for additional costs related to the Housing Counselor and Aftercare Program, and costs incurred in operating the program. Program Purpose. The Homelessness Prevention Program: Assists family units in a housing crisis; and Provides services that may include but are not limited to: Case management; Counseling to identify households at risk of becoming homeless; Training on budgeting and other life skills; Education as to tenant rights and responsibilities; Mediation between the landlord and tenant; and Cash assistance. Eligibility for Services. A family unit is eligible for services if the family unit is: Living in permanent rental housing, and facing immediate eviction or at risk of being evicted; Able to present verification of a pending eviction or risk of eviction; and Determined by the provider to be able to continue to stay in the permanent housing or to move to other permanent housing through payment to or arrangement with the landlord. Use of Funds. Homelessness prevention funds may be used for the following activities: Direct grants to family units to prevent evictions; Eviction prevention counselors or landlord tenant mediators; Early intervention services for at-risk households; Revolving loan funds or rent banks; and Other activities as approved by the Department. If staff positions are funded, the only eligible costs are salary, FICA, and unemployment insurance. Additional costs for the position are funded through other sources. Local Contribution. The local jurisdiction shall provide a contribution to the Homelessness Prevention Program. The local contribution shall consist of: Administrative funds; Cash or in-kind resources; or Funds or resources that have been leveraged by the local jurisdiction. Appeal from LAA decision. If the LAA is the direct service provider, the LAA shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of the program services: At the time of application; and Whenever the LAA notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service. The procedures for an administrative hearing are set forth in COMAR 07.01.04. An applicant or recipient of services is not entitled to homeless services while an appeal is pending. The LAA shall forward to the Department a summary of each decision rendered, including findings of fact for each administrative hearing. Grievance Procedure. If the service provider is a private, nonprofit agency or an entity of local government which is not the LAA, the service provider shall give written notification of the right to file a grievance and a procedure by which the grievance may be heard to each applicant or recipient of the program services: At the time of application; and Whenever the service provider notifies an applicant or recipient of an action which might deny, suspend, reduce, or terminate service. The grievance procedure includes: A notice of the grievance rights and the steps to take to initiate the grievance process; An opportunity to be heard; and A written decision by the local program director or designee that affirms or reverses the service provider's action and that includes the basis for the decision. The service provider shall forward to the Department and to the LAA a summary of each decision rendered, including findings of fact concerning each grievance heard. Discrimination. The service provider is required to observe the antidiscrimination policy in COMAR 07.01.03. The Department shall provide to the LAA the forms necessary to carry out the program. The LAA shall provide the forms to all agencies designated to provide program services. The LAA shall make reports required by the Department. The service provider shall report annual census data directly to the Department about the number of individuals served. The Department shall collect data, on an annual basis, on the number and characteristics of individuals who receive service from the program. The Department shall report annually to the Governor on the extent of homelessness, and recommend the programs or resources necessary to provide adequate services for homeless family units. Human Services Article, §§6-417—6-427, Annotated Code of Maryland Effective date: December 2, 1985 (12:24 Md. R. 2346) Chapter recodified from COMAR 07.02.21 to 07.06.09 and Regulations .01, .02, .04, .10, and .11 amended effective November 28, 1988 (15:24 Md. R. 2768) Chapter revised effective January 31, 1994 (21:2 Md. R. 97) Regulations .01—.16 repealed and new Regulations .01—.09 adopted effective March 27, 1995 (22:6 Md. R. 473) Regulation .06B amended effective April 9, 2007 (34:7 Md. R. 697) Regulation .08A amended effective August 5, 2002 (29:15 Md. R. 1141) Regulation .08B amended effective January 15, 1996 (23:1 Md. R. 23) Chapter recodified from COMAR 07.06.09 to COMAR 07.01.19 effective June, 2009