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Wisconsin Department of Children and Families Emergency Assistance Manual |
If an applicant is facing eviction that has been filed with the court, and a writ of restitution has not been issued in the court proceedings, state law requires the court to stay (postpone) the eviction if the individual applies for EA.
Agencies must inform applicants in this situation that:
1. The eviction will be stayed by the court if the individual applies for EA and requests the court stay the eviction;
2. The stay will remain in effect until the individual’s eligibility for EA is determined and, if the individual is determined to be eligible for EA, until the payment is received by or on behalf of the EA Group (up to 10 working days); and
3. The process is not required for EA eligibility.
If the individual chooses to request a stay of eviction, the W-2 agency must complete the following additional steps after the individual submits the EA application form:
1. Provide the applicant with a copy of the date-stamped EA application received by the agency.
2. Inform the applicant that he or she will be notified in writing of the EA eligibility decision.
3. Provide the applicant with copies of:
· Wisconsin Circuit Court Form SC-5500VA (Petition for Stay of Eviction Based on Defendant’s Application for Emergency Assistance); and
· Wisconsin Circuit Court Form SC-5510VA (Statement on Eligibility to Receive or Receipt of Emergency Assistance).
4. Instruct the applicant how to file Wisconsin Circuit Court Form SC-5500 with the court.
5. Instruct the applicant how he or she must inform the court of the eligibility decision by submitting Wisconsin Circuit Court Form SC-5510 along with a copy of the eligibility notice.
6. Document in EA comments in WWP if they assisted the applicant with this process, along with any relevant information regarding the stay of eviction process.
History: Release 21-01.