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Wisconsin Department of Children and Families Emergency Assistance Manual |
2.6.3.1 Temporary Living Accommodations
2.6.3.2 Homelessness due to Uninhabitable Housing
2.6.3.3 Homelessness due to Domestic Abuse
An EA Group is eligible under the condition of homelessness when the EA Group needs funds to obtain permanent housing and the EA Group meets one of the following criteria:
1. The EA Group is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation (examples include cars, public hallways, parks, bus stations, and building entrances);
2. The EA Group is living in a temporary accommodation (examples include motel, hotel, emergency/homeless shelter facility, or “doubled-up” housing) (see 2.6.3.1);
3. The EA Group lacks a fixed, regular, and adequate nighttime residence;
4. The EA Group has left the current housing situation because the housing is uninhabitable (see 2.6.3.2); or
5. A member of the EA Group is a victim of domestic abuse (see 2.6.3.3).
EA eligibility for any of the homelessness reasons listed above does not require a financial crisis.
An EA Group is considered homeless if they have a current residence that is providing a temporary living accommodation such as an emergency shelter facility or other temporary or transitional living arrangement.
When determining if the EA Group living in a temporary accommodation is considered homeless, the W-2 agency must consider the specific circumstances of the situation. For example, a motel is generally considered to be a temporary living accommodation, but some motels offer a monthly lease and can serve as permanent housing. The EA Group’s intent to stay in a motel or hotel long term does not indicate that the motel or hotel is permanent housing unless documentation is provided that states it is a permanent housing situation.
A family living in “doubled-up” housing may also be considered homeless. For EA purposes, an EA Group residing in doubled-up housing generally meets the homelessness definition when the EA Group meets all of the following criteria:
1. Is not on the lease/mortgage (in cases where the “host” family has a lease/mortgage);
2. Is using the doubled-up housing as a short-term housing solution and would otherwise be homeless; and
3. Has been residing in doubled-up housing for 180 consecutive days or less.
EXAMPLE 1: To save money, Wayne and his children moved in with his sister seven months ago. He is not on the lease and would like to find housing of his own for himself and his three children. Although Wayne is sharing housing with his sister, he and his children have been residing there for more than 180 days. Therefore, Wayne is not eligible for EA. Although Wayne is not eligible for EA, the W-2 agency worked with Wayne to provide him with referrals to other housing and emergency resources.
EXAMPLE 2: Crystal and her son Justin lived with Crystal’s boyfriend, Tom. Two weeks ago, Crystal got into a huge fight with Tom and he kicked her out of the apartment. Crystal and Justin are staying with Crystal’s friend Belinda. Crystal is eligible for EA, as she and her son are residing in doubled-up housing for less than 180 days and would otherwise be homeless.
An EA Group is eligible under the condition of homelessness due to uninhabitable housing if the EA Group has left the current housing situation because that housing is uninhabitable as determined by the local building inspector, local health department, or other appropriate local authority, such as the local Community Action Program agency. The W-2 agency is not considered an appropriate authority to determine that housing is uninhabitable.
An EA Group is eligible under the condition of homelessness due to domestic abuse if a member of the group was subject to domestic abuse as defined under Wis. Stat. s. 968.075(1)(a).
Wis. Stat. s. 968.075(1)(a) defines domestic abuse to mean any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, or against an adult with whom the person has a child in common:
1. Intentional infliction of physical pain, physical injury, or illness;
2. Intentional impairment of physical condition;
3. Sexual assault as defined in Wis. Stat. s. 940.225(1), (2) or (3); or
4. A physical act that may cause the other person reasonably to fear imminent engagement in the conducts described in the previous three items.
History: Release 21-01.