6 AAC 94.330. Duration of temporary housing assistance

(a) Except as provided in (b) of this section,

(1) the earliest date when an eligible applicant may receive temporary housing assistance is the date of the disaster declaration; and

(2) an occupant may not receive temporary housing assistance for more than 18 months after the date of the disaster declaration.

(b) The division will provide a predisaster renter who qualifies for assistance under 6 AAC 94.320 with no more than one month of assistance in a form set out in 6 AAC 94.340(b) (1), (2), or (3) unless the division determines that the renter is eligible for continued assistance under (d) of this section. The division will not provide assistance to a predisaster renter for more than 90 days from the effective date of assistance.

(c) If an applicant is not a predisaster renter, the division will certify the applicant as eligible for temporary housing assistance under 6 AAC 94.340(b) (1), (2), or (3) in increments not to exceed three months. The division will recertify an occupant for continued eligibility in accordance with (d) of this section, taking into consideration the occupant's plan for permanent housing. The division will establish a plan for permanent housing for each occupant requesting additional assistance no later than three months after the division first certified the occupant as eligible for temporary housing assistance.

(d) An occupant shall make every effort to obtain and occupy permanent housing at the earliest possible time. The occupant shall provide receipts documenting disaster related housing costs. The division will determine the occupant to be eligible for continued assistance under 6 AAC 94.300 - 6 AAC 94.380 if:

(1) adequate alternate housing is not available to the occupant; the division will determine

(A) housing to be adequate alternate housing if that housing

(i) accommodates an occupant's needs;

(ii) is within reasonable commuting distance of the occupant's work or school, or of the occupant's agricultural activities that provide over 25 percent of the household income; and

(iii) is within the financial ability of the occupant in the realization of a plan for permanent housing; and

(B) for purposes of (A)(iii) of this paragraph, the occupant's ability to pay housing costs, considering extreme or unusual financial circumstances, and based upon

(i) the amount the occupant paid for housing before the disaster, if the occupant's household income has not changed after or as a result of the disaster; or

(ii) 25 percent of gross post-disaster income, if the occupant's household income changed after or as a result of the disaster;

(2) the occupant's plan for permanent housing has not been realized through no fault of the occupant; and

(3) the occupant is in compliance with the terms of any leases or rental agreements between the occupant and the state.

(e) The division will notify an occupant at least 30 days before the date the division terminates the occupant's temporary housing assistance.

(f) After the date of temporary housing assistance termination, if the occupant continues to occupy the temporary housing, the occupant is liable for the rent and any additional costs of the temporary housing.

History: Eff. 2/11/2000, Register 153; am 7/1/2000, Register 154

Authority: AS 26.23.020

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