Division of Family and Economic Security, Bureau of Working Families

Emergency Assistance Manual

2.6.4 Impending Homelessness

An EAEAEmergency Assistance Group may be eligible due to impending homelessness when the EA GroupThe primary person and any individuals living in his or her household whose income and/or needs are considered when determining eligibility for benefits.: 

  • Needs funds to obtain or retain permanent housing; and 
  • Meets one of the following criteria: 
    • The EA Group must leave the current housing situation because the housing is uninhabitable (see 2.6.4.1); 
    • A member of the EA Group has experienced domestic abuse (see 2.6.4.2); 
    • The EA Group must leave the current rental housing due to a foreclosure action against the owner (see 2.6.4.3); or 
    • The EA Group must leave the current housing situation due to a qualifying financial crisis, resulting in a notice to terminate tenancy for non-payment of rent, mortgage, or property taxes (see 2.6.4.4). 

2.6.4.1 Impending Homelessness due to Uninhabitable Housing

An EA Group may be eligible for impending homelessness due to uninhabitable housing if the EA Group needs to obtain new permanent housing because they must leave their current housing due to it being determined uninhabitable. This determination is made by: 

  • The local building inspector; 
  • The local health department; or 
  • Another 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. 

When the criteria for an emergency of impending homelessness due to uninhabitable housing are met, EA eligibility does not require a financial crisis.

2.6.4.2 Impending Homelessness due to Domestic Abuse

An EA Group may be eligible for impending homelessness due to domestic abuse to obtain or retain permanent housing 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 their 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. 

 When the criteria for an emergency of impending homelessness due to domestic violence are met, EA eligibility does not require a financial crisis. 

EXAMPLE 1: Nadia is experiencing domestic abuse from her spouse and applies for EA after her spouse moves out. Nadia is struggling to pay rent and has a large past due balance but has not received an eviction notice yet. Nadia meets all financial and nonfinancial eligibility and is found eligible for an EA benefit to retain her current housing.

EXAMPLE 2: Miriam is experiencing domestic abuse and applies for EA for assistance to obtain new permanent housing to leave her current unsafe living situation. Miriam meets all financial and nonfinancial eligibility and is found eligible for an EA benefit.

2.6.4.3 Impending Homelessness due to Foreclosure of Rental Housing

An EA Group may be eligible for impending homelessness due to foreclosure of rental housing when they need to obtain new permanent housing and all of the following conditions apply: 

  1. The EA Group is residing in rental housing that is currently subject to a foreclosure action; and 
  2. The EA Group has received written or oral notice to vacate the rental housing within 30 days of the EA application date because of a foreclosure action against the owner. 

When the criteria for an emergency of impending homelessness due to foreclosure of rental housing are met, EA eligibility does not require a financial crisis. 

2.6.4.4 Impending Homelessness due to Financial Crisis and Notice to Terminate Tenancy

An EA Group may be eligible for impending homelessness for reasons of financial crisis to obtain or retain permanent housing if the group meets both of the following criteria: 

  1. The EA Group is experiencing a financial crisis that is due to reasons beyond the control of the caretaker relative(s) or that constitute good cause as determined by the W-2W-2Wisconsin Works agency (see 2.6.6); and
  2. As a result of the financial crisis, the EA Group received a notice in the name of the applicant to terminate tenancy because of non-payment of rent, mortgage, or property taxes.