Rental Assistance Program (ERAP) FAQ - Federal Emergency
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Please note this document will be updated as information becomes available
Last Updated January 1, 2022
FederalEmergency
Federal Emergency
Rental
RentalAssistance
Assistance
Program
Program(ERAP)
(ERAP)FAQ
FAQ
REGIONAL ADMINISTERING
REGIONAL ADMINISTERING AGENCIESAGENCIESContents
Federal Emergency Rental Assistance Program (ERAP) Overview ...... 2
Eligibility.................................................................................................... 4
Benefit Cap .............................................................................................. 11
Eligible Use of Funds ............................................................................. 12
Direct Payments to Tenants ................................................................... 15
Utilities..................................................................................................... 18
Income Verification ................................................................................. 20
Required Documentation ....................................................................... 21
Internal Processing................................................................................. 23
Compliance & Fraud Prevention ............................................................ 28
Reporting ................................................................................................. 37
Homeowner Assistance Fund (Mass HAF) ........................................... 38
New Questions as of January 1, 2022 ................................................... 43
1
This document is current as of January 1, 2022.
This document will be updated regularlyFederal Emergency Rental Assistance Program
(ERAP) FAQs as of January 1, 2022
Federal Emergency Rental Assistance Program (ERAP)
Overview
1. What is the new Federal Rental Assistance Program?
In December 2020, Congress passed the Emergency Coronavirus Relief Act,
including $25 billion for emergency rental assistance. Massachusetts received
$457M to provide broad rental and utility assistance for a limited time in response
to the COVID-19 emergency. This resource is “use it or lose it.” At least 65% of
these funds must be expended by the end of September; if not, any remaining
funds may be recaptured and reallocated to other states. Effective Friday, June 4,
the Emergency Rental Assistance Program (ERAP) benefit limit was increased to
18 months of assistance with either arrears or prospective rent, for costs accrued
after March 13, 2020. This change was made in accordance with guidance from
the United States Treasury on new funding for the program (“ERA2, or ERAP 2”)
established by section 3201 of the American Rescue Plan Act of 2021. The federal
program offers potentially higher benefits and opportunity for greater regional
equity by providing equivalent duration of assistance (18 months), regardless of
local rents. Federal funds must be distributed in accordance with federal policy
requirements. Some of these requirements are different from the RAFT Guidelines,
such as requiring a COVID-19-related impact, serving households with income up
to 80% of the Area Median Income, and only providing assistance for rental
housing.
2. When did these new funds go into effect?
DHCD implemented the new Federal Program benefit on March 22, 2021.
3. Does this funding replace RAFT?
No, the federal program benefit does not replace RAFT. The federal program
supplements existing programs (i.e., RAFT and local programs). Once all federal
funds are exhausted or expired, RAFT will remain and once again assume its
position as the state’s main tool for emergency rental assistance, subject to state
requirements under the RAFT line-item language.
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This document will be updated regularly4. How will the new funds be prioritized over other programs (i.e., RAFT?)
Among the two similar DHCD programs (ERAP and RAFT), ERAP funds should
be prioritized for new applications, as well as any applications that are pending at
the time of the new Administrative Plan issuance. ERAP funds should be prioritized
first over other programs. Most renters with rent arrears from after 3/13/2020 will
be eligible for ERAP. Applicants may still be eligible for other programs if they are
not eligible for ERAP.
5. Can an applicant receive RAFT funds if the applicant would receive
more in stipends from RAFT than ERAP?
Whenever possible, if the applicant is eligible for ERAP, RAAs should prioritize
ERAP funds over other programs.
6. Why is DHCD making policy changes to ERAP and RAFT as of January
1, 2022?
DHCD is making policy changes to ERAP and RAFT, effective January 1, 2022,
in an effort to extend the use of remaining emergency housing assistance funds
with the goal of serving as many unique households as possible.
7. When do new policy changes for ERAP RAFT take effect?
Except where otherwise stated, all policy changes to ERAP and RAFT take effect
on January 1, 2022.
8. Can you provide a high-level summary of the major policy changes to
ERAP/RAFT that begin on 1/1/2022?
Effective January 1, 2022:
• RAFT can no longer be used for homeowners
• Arrears are required to use “Pre-Court Rental Assistance” crisis (renamed
“Pre-Court Rental Arrears” crisis as of January 1, 2022)
• ERAP participants will no longer have the option to recertify for additional
stipends, although they will still be offered three rental stipends upon
approval (for those without income-based rental subsidies) and may still
reapply for future arrears or other assistance if they experience a housing
crisis after their ERAP benefit ends
• Applicants will not be able to obtain RAFT as a supplement after ERAP
until at least FY23.
• The RAFT maximum benefit limit has been reduced from $10,000 in a
rolling 12-month period to $7,000 in a rolling 12-month period
Detailed information on each of these changes is found elsewhere in this
document.
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This document is current as of January 1, 2022.
This document will be updated regularly9. When is this change effective for payments?
This change is effective for any payment not yet locked into HAPPY by January
1, 2022, regardless of the date of application. Starting on January 1, 2022, the
Central Application will require applicants seeking stipends to certify they have
rent arrears as well.
10. Can you provide a summary of effective dates?
The summary of effective dates are below:
Policy Change Application Changed Policy Effective
No new payments approved after
this date
Arrears required to receive pre- January 3, 2022 January 1, 2022
court assistance (unless
household has another eligible
housing crisis)
End of recerts January 1, 2022 Once all recerts received on or
before 12/31/21 are processed
End combining RAFT & ERAP No significant application January 1, 2022
change
Homeowners no longer served December 1, 2021 January 1, 2022
with RAFT
$7K benefit limit for RAFT No application change January 1, 2022
11. Does the January 1, 2022 policy change impact ERAP-Enhanced
HomeBASE?
No, the January 1, 2022 policy change does not impact the administration of
ERAP-Enhanced HomeBASE.
12. How can homeowners get assistance?
As of December 1, 2021, homeowners can apply through the Homeowners Assistance
Fund (HAF). Learn more at https://massmortgagehelp.org/ .
Eligibility
13. How will prospective households apply?
Prospective households are encouraged to use the new Central Application at
https://www.mass.gov/how-to/how-to-apply-for-emergency-housing-payment-
assistance. A household that is unable to access Central Application can still apply
by requesting a paper application from the RAA for their geographic region.
14. Who is eligible for the federal funds?
Eligible renters can qualify for the federal funds if all three of the following criteria
apply:
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This document will be updated regularly1. The applicant has experienced a financial hardship during or due to the
COVID-19 emergency.
2. The applicant demonstrates that they are at risk of experiencing
homelessness or housing instability.
3. The applicant has an income below 80% of the Area Median Income (AMI).
For additional details related to eligibility, please refer to the ERAP Administrative
Plan.
15. How do applicants verify COVID-19 impact?
The Central Application requires applicants to certify a COVID-19 related
financial impact to proceed with the applications.
Households must certify that they have experienced a financial hardship that
occurred during the pandemic, or that related directly or indirectly to COVID-19.
Completion of the Central App will satisfy this requirement, since the application
requires households to check off one or more responses related to how they
were affected by a financial hardship after March of 2020.
Below are the options that applicants may choose in the Central App:
• Lost a job
• Collected unemployment benefits
• Had less income than usual (lower pay, fewer hours, or fewer clients if self-
employed)
• Had to miss work, or stop working, or work fewer hours due to a health or
medical need
• Had to miss work, or stop working, to take care of someone with health or
medical needs
• Had to miss work, or stop working, or work fewer hours because a child’s
school or daycare was closed, or because a child had online school
• Had a roommate or household member move out, stop paying rent, or die,
leaving the household with higher housing costs
• Had higher bills than usual (for example, medical bills, transportation costs,
childcare costs, funeral costs, rent, utilities, etc.)
• Had income that was too low to pay for basic household expenses (for
example, food, clothing, rent, utilities, cleaning supplies, etc.) Other financial
problem (applicant to explain)
For applications received by the RAAs/RAP Center from applicants that applied
before the Central Application question about COVID impact was updated on
October 11, RAAs/RAP Center should fill out the COVID-19 Addendum if the
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experienced any of the financial hardships listed on the COVID-19 impact
addendum, the RAA/RAP Center should document that on the addendum and
then use ERAP (if otherwise eligible) instead of RAFT.
16. What are the eligible housing crisis options for ERAP?
DHCD will continue to use the existing RAFT Housing Crisis list as the list of
eligible circumstances under which a household may access emergency housing
assistance. These include:
Pre-court rental arrears
Eviction
Doubled up and must leave/Overcrowding
Health and safety
Domestic violence
Fire/Flood/Natural disaster
Utility shutoff/Utility arrears
Other crisis that will result in imminent housing loss or instability
Please note that as of December 1, 2021, being behind on mortgage payments
was removed as housing crisis criteria for applicants who had not yet submitted
applications. Homeowners will now be referred to HAF instead.
17. Under the new DHCD policy, effective January 1, 2022, what is the list
of eligible housing crisis for RAFT and ERAP?
Effective January 1, 2022, the list of eligible housing crises for RAFT and ERAP
has not changed, except that the mortgage-related housing crises have been
removed. (Additional details may be found in the FAQs on the Mass HAF
program (see FAQ #172 onward). However, “Pre-Court Rental Assistance” will
now only apply to those with a notice of arrears (such as, but not limited to, a
letter from the landlord or a rental ledger) or Notice to Quit from the landlord, and
not those who have not yet fallen behind on rent. Households with a court
summons will continue to be served under the “Eviction” housing crisis.
Eligible housing crisis include:
• Pre-court rental arrears (formerly called pre-court rental assistance)
• Eviction
• Doubled up and must leave/Overcrowding
• Health and safety
• Domestic violence
• Fire/Flood/Natural disaster
• Utility shutoff/Utility arrears
• Other crisis that will result in imminent housing loss or instability
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This document will be updated regularly18. Why has “Pre-Court Rental Assistance” Crisis been renamed “Pre-
Court Rental Arrears” Crisis under the new policy, effective January
1, 2022?
Effective January 1, 2022, the “Pre-Court Rental Assistance” crisis has been
renamed to “Pre-Court Rental Arrears” to reflect a new policy requiring at least
one month of arrears for households not yet in court, and not experiencing
another housing crisis.
19. As of January 1, 2022, does the need for rental arrears apply to
“movers”?
No, the January 1, 2022 policy change does not apply to “movers.” Households
needing to move to a new location may receive assistance with moving costs,
including up to three months of rental stipends, whether or not they have current
arrears.
20. Effective January 1, 2022, are households with other eligible housing
crisis still eligible for stipends as part of their overall award?
Yes, effective January 1, 2022, households with any other eligible housing crisis
(listed below) may still be found eligible for stipends as part of their overall award
(without needing to show rent arrears in addition to their housing crisis). However,
the housing crisis “Pre-Court Rental Arrears” can only be used by households who
owe at least one partial or full month of rent at the time of eligibility determination.
21. Who is not eligible for federal ERAP funds?
ERAP is only for renter households. Homeowners are not eligible for ERAP.
However, homeowners may be eligible for the new Homeowner Assistance Fund
(HAF) program (managed outside of DHCD and the RAAs) if they are at or below
150% AMI and for RAFT if they are below 50% AMI. RAFT is being prioritized for
renters who do not qualify for ERAP, which is rare. For information about HAF, see
Homeowner Assistance Fund (HAF) (mass.gov).
22. Effective January 1, 2022, will RAFT continue to serve homeowners?
Effective January 1, 2022, the RAFT program will no longer serve homeowners.
For the remainder of the fiscal year or until otherwise stated by DHCD, RAFT will,
like ERAP, only be available to renters or homeless households moving into
rental housing. The vast majority of renter households will receive ERAP, not
RAFT.
23. What should RAAs (HCECs) do if they get calls from homeowner
applicants who do not meet the eligibility requirements and therefore
cannot apply at this time?
RAAs and the RAP Center should refer / direct homeowners to
www.massmortgagehelp.org to review resources or call 833-270-2953 (Monday -
Saturday 8 a.m. to 7 p.m.) for help with the application, including language
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housing counseling agency who can help with the HAF application or provide
other guidance.
24. Are homeowner applicants who are not eligible for HAF eligible for
RAFT?
DHCD anticipates that some households who were pending assistance for RAFT
may not be eligible for HAF, either because they are not yet 90 days delinquent
on their loan or because they are requesting a type of assistance that is not
covered by HAF. In these cases, the household will still not be able to be served
by RAFT. RAFT, at this time, is being preserved for renters at imminent risk of
homelessness or housing instability who are ineligible for ERAP.
25. Do tenants who have already received RAFT or ERMA qualify for
ERAP?
Households who have already received RAFT or ERMA may receive ERAP in
addition, as long as the two programs do not cover the same expenses for the
same month.
26. Can tenants use both ERAP and RAFT funds at the same time?
Households currently receiving ongoing benefits from RAFT may receive ERAP
after their existing benefit ends but may not be enrolled in multiple programs at the
same time.
27. Effective January 1, 2022, can households receive RAFT after ERAP as
a supplement to ERAP?
Starting on January 1, 2022, households who are eligible for ERAP will no longer
be able to use RAFT to supplement the ERAP award and may not use RAFT
after ERAP, at least until the start of FY23. DHCD will issue more specific
guidance in FY23. This new rule will apply even if the applicant applied before
January 1, 2022 but is being approved for funds on or after January 1, 2022.
This will apply in two kinds of scenarios:
1. Households who have already received the maximum ERAP benefit (18
months of rental assistance or $2,500 of utility assistance) and who reapply
for additional assistance. These households will not be eligible for funds
through the RAFT program until at least the start of FY23.
2. Households who are eligible for ERAP, but who are seeking assistance
beyond what ERAP can cover (such as: rent from before March 13, 2020, or
utility assistance in excess of $2,500). These households may be awarded
ERAP only, instead of a combination of ERAP and RAFT, and may apply
other sources (other program funds or household income) to cover the
expenses that are not allowable by ERAP.
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This document will be updated regularly28. Effective January 1, 2022, are there restrictions on prior RAFT
recipients accessing ERAP?
Effective January 1, 2022, there are no restrictions on prior RAFT recipients
accessing ERAP. For example, a household who received RAFT in July 2021
and who reapplies for emergency rental assistance in January 2022 may be
found eligible for ERAP. Having received RAFT will not prevent them from
receiving ERAP if they are otherwise eligible.
This change is effective for any payment not yet approved by the RAA or RAP
Center by January 1, 2022, regardless of the date of application.
29. Can applicants receive prospective rent (“stipends”)?
Yes, applicants can receive prospective rent “stipends” covering their full contract
rent in three-month increments.
30. Who is prioritized for ERAP?
The Treasury grants priority to two groups of applicants: 1) those where one or
more members of the household has been unemployed for 90 days or longer at
the time of application, and 2) those with income at or below 50% AMI. In order to
implement these priorities, a minimum of 50% of federal funds disbursed will be
reserved for households in one of these two categories. DHCD will monitor
spending to ensure this percentage is upheld by asking in the Central App whether
the applicant is unemployed longer than 90 days; income bands will continue to be
recorded in HAPPY.
31. Do applicants have to demonstrate immigration status or have a Social
Security Number to receive ERAP?
No, applicants do not have to demonstrate immigration status or have a social
security number to receive ERAP. However, if they do have a social security
number, they are asked to provide it. This is the same as for RAFT.
32. Why are eligibility requirements different for federal ERAP funds than
RAFT?
The federal government developed eligibility requirements for the new federal
funds. DHCD has made every effort to align the federal program with existing state
rental assistance programs; however, the programs are different. DHCD and RAAs
are required to distribute federal funds in accordance with federal policy
requirements.
33. Effective January 1, 2022, does an applicant need to owe arrears
before being eligible for ERAP or RAFT?
Effective January 1, 2022, if a household is applying under the “Pre-Court Rental
Assistance” Crisis (renamed “Pre-Court Rental Arears”) category, then they will
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first owing at least one month of rent arrears.
34. Do ERAP benefits need to bring the applicant’s arrears to zero for the
applicant to be eligible for ERAP?
No, the benefit awarded by ERAP does not need to bring the applicant’s arrears
to zero for the applicant to be eligible to receive benefits from ERAP.
35. What should RAA staff do if an applicant did not certify on their
application that they were affected by COVID, but the application
seems to identify that they were affected by COVID?
If an applicant did not attest on their application that they were directly or indirectly
affected by COVID, but their application seems to indicate that they were, RAA
staff should reach out to the applicant as follow up and confirm whether or not they
have been affected by COVID. This would only happen for applications in the
pipeline before the Central Application went live. Applicants must attest in writing
that they have a COVID-19 impact in order to be served by ERAP, but this
attestation could occur over email, for example, if the applicant did not check off
the COVID-19 box on the application when they first submitted it. The email, or
other form of written attestation, must be maintained in the files for audit and review
purposes.
36. If an applicant has moved out of state, can they apply for ERAP to pay
their Massachusetts arrears?
If an applicant has already moved out of state at the time of application, they are
not a Massachusetts resident and are not eligible for ERAP. However, if an
applicant is moving out of state at the time of application, and they are known to
owe rent arrears at a current Massachusetts unit or, for a family experiencing
homelessness or doubled up, for a preceding Massachusetts unit (for the definition
of “preceding unit,” click here), ERAP will cover both the arrears and the startup
costs for the new unit.
37. Is an applicant eligible for rental or moving assistance if the applicant
is currently renting a room in the same unit from a family member who
owns the property?
There are no rules against renting from a family member. However, RAAs should
do their due diligence to ensure that the rental agreement is legitimate and can be
documented.
38. If an applicant has pre-COVID arrears, $15,000 in post-COVID arrears,
and is eligible for ERAP, can ERAP serve them with assistance for the
$15,000 even though it will not resolve their housing crisis?
Yes, ERAP can serve an applicant with post-COVID arrears even if it does not
resolve their housing crisis.
10
This document is current as of January 1, 2022.
This document will be updated regularlyBenefit Cap
39. What is the benefit cap?
There is no dollar cap on ERAP funds. The benefit cap for ERAP is a maximum
of eighteen months’ worth of assistance. No household may receive more than the
equivalent of its monthly contract rent amount for any given month.
40. If an applicant is using ERAP fund towards moving expenses, can the
applicant still receive three months of stipends?
Yes, applicants without income-based rental subsidies who are moving into
housing that does not have project-based rental subsidies are eligible for stipends
even if ERAP funds are being used for moving expenses. As with all cases, the
RAA should offer three months of stipends to the eligible household as part of the
benefit award and ask whether the stipend benefit is something the household
needs.
41. If an applicant previously received a RAFT stipend for less than the full
amount of their monthly rent, could the applicant receive arrears
assistance from ERAP for the portion of their rent that RAFT did not
cover?
Yes, the applicant can receive ERAP assistance for the portion of their rent that
RAFT did not cover. However, the applicant cannot be enrolled in both programs
at the same time and RAA staff should confirm that the ERAP benefit is not
covering an expense that has already been covered by RAFT. Applicants with
income based rental subsidies are only eligible for arears assistance and not
stipends.
42. What is the new benefit limit for RAFT, effective January 1, 2022?
Effective January 1, 2022, the maximum benefit limit is $7,000 per household in
a rolling 12-month period. The new $7,000 benefit limit replaces the prior
$10,000 benefit limit.
Households who were approved for an award between $7,000 and $10,000 prior
to this effective date may still receive the full benefit amount that they were
awarded, even if some of those payments are issued after January 1, 2022.
However, new approvals effective January 1, 2022 and later are subject to the
new, $7,000 benefit limit
43. Can ERAP funds be used to cover rent arrears for March 2020?
ERAP may not cover rent arrears if the rent was due before March 13, 2020. Most
rent is due on the first of the month, which means in most cases, ERAP will not
cover March 2020 rent. If an applicant’s rent was due on or after March 13, 2020
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rent arrears for that month. DHCD anticipates this will be very rare.
For rent arrears prior to March 13, 2020, RAAs should determine if the landlord will
forgive the arrears prior to March 13, 2020 or if the tenant can begin a repayment
plan for those arrears. If a landlord will not forgive rent arrears or will not allow the
tenant to participate in a repayment plan, then RAAs should refer the case to
community mediation. However, if the landlord is willing to accept ERAP for the
funds due after March 13, 2020, then owing rent prior to March 13, 2020 should
not prevent a household from being approved for ERAP.
Eligible Use of Funds
44. What can federal ERAP funds be used for?
Federal dollars can be used for rental arrears, rental utilities and moving costs
accrued on March 13th, 2020 or later, as well as future rent stipends in three month
increments while funds remain available.
45. Can ERAP be used for stipend payments?
Prospective rent payments, also known as stipends, may be paid for rent due after
the time of the application in three month increments while funds remain available.
If an applicant has rental arrears, at least a portion of the arrears must be paid in
order for the applicant to receive an ERAP stipend. Stipends can only be given for
3 months at a time.
46. How are stipend payments calculated?
Stipends will pay for 100% of the household’s full monthly rent amount, for a
maximum of three months, with no guarantee of additional stipend payments. The
amount of the stipend is not tied to the household’s income (so long as the
household has been determined ERAP-eligible). If a household states that they
do not need three full months, they may request one or two months instead.
Additional stipend payments beyond three months may be made, pending funding
availability and household need. In order to access additional stipends, the
household must reapply for assistance, again present proof of a continued housing
crisis, and re-verify monthly household income (unless income was previously
verified using a 2020 IRS Form 1040).
47. Can ERAP be used for moving related expenses?
Yes. ERAP may cover moving-related expenses, such as: first and last month’s
rent, security deposits, moving trucks, and furniture. Furniture payments should
not exceed $1,000 per household.
48. Can tenants be paid directly?
Yes. Per US Treasury guidance, under the ERAP program, a direct tenant
payment is to be issued when:
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postal mail with return receipt requested; OR
• The landlord is non-responsive to three (3) phone, email, or
text messaging attempts over 5 days; OR
• The landlord confirms in writing that they choose not to participate. (See
FAQ #66, “Do RAAs report landlords for refusing payment from the
RAA?”)
49. Effective January 1, 2022, how many months of rental assistance can
an applicant receive under ERAP?
Effective January 1, 2022, households approved for ERAP will continue to be
offered three months of rental stipends equal to 100% of the full contract rent.
Households in need of additional assistance after this award will be eligible to
reapply and receive up to 18 months of aggregate assistance (including their
initial award) if they are eligible at the time of their second application. (If the
household has not yet fallen behind on rent or experienced another eligible
housing crisis at the time of reapplication, they will not be eligible—see the bullet,
“Arrears are required to use ‘Pre-Court Rental Assistance’ crisis,” in Q.#8,
above.)
50. Does ERAP cover miscellaneous fees that are charged to the tenant
(i.e., charges listed on the tenant ledger)?
ERAP can cover miscellaneous fees such as parking spaces, garage fees, carport
fees, water fees, and other month-to-month fees if these expenses are outlined in
their lease but separated as an itemized amount. ERAP cannot cover other fees
not listed in the lease, such as realtor or brokerage fees.
51. Can ERAP be used by tenants to cover units with income-based rental
subsidy?
Yes, ERAP can cover up to eighteen (18) months of arrears for the tenant-paid
portion of rent in units with an income-based rental subsidy such as Section 8 or
MRVP. However, tenants with income-based rental subsidies are not eligible for
any months of stipends, including first month’s rent.
52. Is there a dollar limit on subsidized housing arrears and stipends for
ERAP?
No, there are no additional restrictions on housing arrears beyond those outlined
above. An applicant with an income-based rental subsidy is limited to receiving up
to eighteen (18) months in arrears cover the applicant’s tenant portion of their rent
during the month owed, for outstanding payments incurred after 3/13/2020.
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This document will be updated regularly53. If the RAA pays a tenant directly, and then the tenant gets evicted due
to the landlord refusing payments, can the funds then be used for
moving costs?
No. Tenants must use funds in accordance with terms of agreement for agreed
upon expenses. If the landlord does not accept the payment, the tenant must
return the payment to the RAA. At that point, the RAA can assist the household
with different funds for moving expenses, paid directly to the vendor/new owner
unless that owner is also nonresponsive. Tenants should also be aware that a
landlord’s refusal of emergency rental assistance may, under some
circumstances, violate Chapter 151B of the Mass. General Laws, which prohibits
discrimination against a tenant receiving housing subsidies (see FAQ# 66, “Do
RAAs report landlords for refusing payment from the RAA?,” below).
54. If an applicant is moving out of state, can the applicant receive
stipends through ERAP?
No, similar to RAFT, ERAP can assist with moving expenses for out of state
moves but may not cover prospective rent/stipends for out of state moves. ERAP
may cover first, last, and security costs for those without income-based rental
subsidies but may not cover first or last month’s rent for those with income-based
rental subsidies. Additionally, ERAP can pay startup costs related to an out-of-
state move but cannot pay ongoing rent stipends out of state.
55. If an applicant is on an Arrears Management Plan (AMP) but moving,
can ERAP assist with overdue bills during the applicant’s move?
RAAs would need to work directly with the utility company. In general, RAAs
should not cover arrears covered by an AMP. However, if the utility company
requires it even under the AMP, ERAP can could cover this.
56. When a tenant is using ERAP to move, ERAP also covers arrears at
their preceding unit. What is the definition of preceding unit?
The preceding unit is the last rental unit that an applicant resided in as a tenant
before the move that is being supplemented with ERAP funds. If an applicant was
a tenant in a rental unit after 3/13/20 but has since left that unit and is currently
experiencing homelessness or doubled up with another household (i.e. couch
surfing), the preceding unit is the unit that the applicant rented immediately prior
to this circumstance. ERAP funds may only cover arrears at the current or
preceding unit (and only up to 18 months of arrears, accrued after 3/13/20), and
may not cover arrears from a unit that the applicant rented before the preceding
unit.
57. If an applicant is only seeking utility assistance, would that trigger a
stipend offer automatically?
Yes, all applicants approved for ERAP should be offered rental stipends. If the
applicant determines they do not need or want rental stipends, the applicant may
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This document will be updated regularlydecline the additional assistance. All ERAP applicants who decline rental stipends
must have a note made in their tenant record in HAPPY confirming that they
declined the stipends. (No notes are required for households with income-based
rental subsidies, who may not be offered stipends.)
58. Does ERAP cover hotel/motel payments?
No. At this time ERAP only pays for rental housing not hotels and motels.
Direct Payments to Tenants
59. How long does the landlord have to respond and submit requested
documentation before the RAA pursues direct tenant payment?
If the landlord has not responded or has not submitted all of the requested
documentation after 5 days (email/phone/text attempts) or 7 days (mail attempt),
and the tenant is otherwise eligible, then the RAA should start the process to pay
the tenant directly.
60. What is the time frame for getting back the Terms of Funding
Agreement letter from the tenant?
There is no timeframe, but payments may not be made until after the tenant has
signed and returned the Terms of Funding Agreement letter. In addition, RAAs
may give the tenant a 14-day deadline for returning the signed Terms of Funding
Agreement letter in accordance with the close-out/time-out policy.
61. What if the landlord does not want to continue the applicant’s tenancy
and will pursue eviction regardless?
There is no change to this. If the landlord will accept the funds, proceed with
processing and payment. If the landlord is refusing funds, RAAs can proceed with
direct payment to tenant, but the tenant is required to pay the landlord. Tenants
should also be aware that a landlord’s refusal of emergency rental assistance
may, under some circumstances, violate Chapter 151B of the Mass. General
Laws, which prohibits discrimination against a tenant receiving housing subsidies
(see FAQ# 66, “Do RAAs report landlords for refusing payment from the RAA?”
below.
62. What if the landlord refused to provide a receipt of payment to either
the tenant or RAA?
Landlords are required to provide a receipt and the tenant should do the best to
request one. If the landlord refused to provide a receipt and also reported
nonpayment to the RAA, the tenant would have the option (after termination letter)
to request an administrative review. Tenant can try to obtain some other
verification of the payment (e.g. if paid via check, can show the check to the LL
was cashed).
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This document will be updated regularly63. After RAAs pay tenants, will they be required to obtain proof that the
tenant actually paid the arrears?
No, unless the landlord contacts the RAA and says they haven’t been paid. If the
landlord contacts the RAA because payment was not made/received, RAAs will
then request receipts of payment from the tenant. If the tenant is unable to provide
such a receipt, the RAA should try to get money back and notify the tenant that
using ERAP funds for non-approved expenses will result in disqualification from
the program.
64. Does an ERAP payment to a tenant count as taxable income (e.g.
does a tenant receive a 1099)?
No, ERAP payments paid directly to tenants are not considered income to the
tenant. A 1099 should not be created for applicants and HAPPY will
automatically exclude payments made to tenants from the 1099 report at the end
of the tax year.
65. What if the landlord says they are moving with eviction and do not
want the money—does an RAA still send the tenant the money?
ERAP requires that arrears are still paid--in this case an RAA may make a direct
tenant payment.
66. Do RAAs report landlords for refusing payment from the RAA?
• No. If a landlord refuses payment, RAAs should proceed to make direct tenant
payments in accordance with the policy guidance from the Commonwealth and
Treasury. However, tenants should be aware that a landlord’s refusal of
emergency rental assistance (including by refusing to provide required program
documentation) may, under some circumstances, violate Chapter 151B of the
Mass. General Laws, which prohibits discrimination against a tenant receiving
housing subsidies. If your landlord has refused to provide the necessary
documentation or refuses assistance, you the tenant may inquire about filing a
fair housing complaint at one of the following fair housing agencies or another
local fair housing organization:
• Massachusetts Commission Against Discrimination (MCAD) – (617) 994-6000
(TTY (617) 994-6196). See also https://www.mass.gov/how-to/how-to-file-a-
complaint-of-discrimination .
• Boston Office of Fair Housing and Equity – (617) 635-2500. See also
https://www.boston.gov/departments/fair-housing-and-equity/how-file-housing-
discrimination-complaint .
• Massachusetts Attorney General’s Office – (617) 963-2917. See also
https://www.mass.gov/how-to/file-a-civil-rights-complaint
• One of these agencies may bring or investigate a complaint against landlords
who refuse funds or who refuse to provide documentation in violation of c. 151B
or similar local codes.
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This document will be updated regularly67. If the property owner doesn’t provide necessary documentation or
refuses to participate and the tenant doesn’t have a copy of the lease,
can the application still be submitted? Does the landlord still need to
submit the W-9 and other forms?
A lease is not required, but some sort of proof of housing is required. The
application can still be submitted, but some verification of the tenancy will be
needed (i.e., tenancy agreement, tenancy at will form, NTQ, documented proof
rent arrears). If the application is otherwise complete, the RAA would start the
process to pay the tenant directly.
• As noted above, tenants should be aware that a landlord’s refusal of emergency
rental assistance (including by refusing to provide required program
documentation) may, under some circumstances, violate Chapter 151B of the
Mass. General Laws, which prohibits discrimination against a tenant receiving
housing subsidies. Tenants may inquire about filing a fair housing complaint at
one of the fair housing agencies listed in FAQ #66 above or another fair housing
organization. See also https://www.mass.gov/how-to/how-to-file-a-complaint-of-
discrimination
68. If an RAA conducts a “direct payment to tenant” interview over an
online platform like Zoom, is it permissible to record the meeting?
RAAs are able to record meetings with the documented permission of the
applicant. However, DHCD recommends RAAs have internal procedures for staff
to get permission from a manager prior to recording a meeting.
69. If a tenant receives direct payment, will it continue that way for future
stipends or if they reapply again?
If the tenant reapplies, RAAs should again attempt to pay the landlord, but may
pay the tenant (following the due diligence procedures) if the landlord is again
nonresponsive.
70. Before sending termination letter to tenants who do not pay their rent
with the direct tenant payment, do RAAs need to send the case to
DHCD for a fraud review?
No. DHCD will use its discretion on fraud review after RAAs have issued
termination letters.
71. Will there be a note in HAPPY regarding the termination to be aware in
case the applicant applies again at same or different RAA?
It is best practice to record terminations in HAPPY.
72. Are there any caps on direct payments to tenants?
17
This document is current as of January 1, 2022.
This document will be updated regularlyStarting on June 28, 2021, RAAs may pay tenants directly for rent through the
Emergency Rental Assistance Program (ERAP) that would otherwise be paid
directly to the landlord (arrears, stipends, security deposits, etc.). Arrears
payments made directly to tenants are limited to a maximum of $15,000. In
situations where tenant arrears exceed $15,000, ERAP will only cover 100% of
arrears if the landlord agrees to accept payment from the RAA.
There is no dollar cap on direct tenant payments for other costs (stipends,
first/last month’s rent, or security deposits) that would normally be paid to the
landlord. However, as with all of ERAP, stipends are capped at the amount equal
to the monthly contract rent, stipend commitments cannot exceed three months
without reapplication or (prior to December 31, 2021) recertification, and stipend
payments are scheduled for each month due (not paid in a lump sum).
Utilities
73. What is the maximum benefit limit for utilities assistance for ERAP?
For assistance with utilities arrears, up to $2,500 from ERAP can be awarded to
an eligible applicant. RAAs can award the $2,500 benefit even if the benefit is more
than 25% of the utility arrears balance. Please note that the previous utility benefit
limit prior to August 2, 2021 was $1,500.
74. Effective August 2, 2021, the ERAP utilities benefit increased from
$1,500 per household to $2,500 per household. Does the increase in
allowable utility assistance apply to applications that were received
before August 2, 2021 or only after August 2, 2021?
All ERAP applications for utility assistance being processed August 2, 2021 or after
are eligible for the increased benefit, regardless of the date of application
submission.
75. If a person already received $1,500 in utility assistance, but is re-
applying again for utility arrears, can the new arrears be covered with
the remaining $1,000 due to the increased utility assistance with
ERAP?
Yes, as of August 2, 2021 the utility benefit for ERAP increased from $1,500 to
$2,500. RAAs can cover the additional $1,000 with ERAP if an applicant still has
utility arrears.
76. If someone is receiving utility benefits from another program such as
LIHEAP, can they also receive utility assistance from ERAP?
Yes, an applicant can receive utility assistance from ERAP and another program
such as LIHEAP at the same time as long as the benefits from each program are
not covering the same expenses for the same time period.
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This document is current as of January 1, 2022.
This document will be updated regularly77. Can ERAP funds be used for utility arrears even though the
moratorium is still in effect?
Yes, ERAP funds can be used for utility arrears even without a shutoff notice.
78. If an applicant is moving, can the applicant receive utility arrears over
$2,500 if they need the arrears to turn on utilities in a new unit?
No, applicants cannot use ERAP for more than $2,500 of utility arrears. If an
applicant needs more than $2,500 for utilities, RAA staff should refer applicants to
other programs or resources for additional assistance.
79. Can ERAP cover future utility payments?
No, ERAP only covers utility arrears.
80. Is utility assistance paid to the utility company or the applicant?
Utility assistance is only paid to the utility company. Benefit payments are not made
to the applicant directly.
81. What is the best practice for referring applicants with income below
60% state median income for utility arrears?
RAAs should provide households applying for utility assistance with a referral to
the LIHEAP (fuel assistance) program, but may serve the household with ERAP
before LIHEAP determines eligibility.
It is recommended that RAAs provide appropriate contact information for the utility
company and suggest eligible customers work with the utility company to qualify
for a discounted rate or start an Arrearage Management Plan (AMP).
Additionally, RAAs can refer an applicant to their local Community Action Program
(CAP) agency or LIHEAP Local Administering Agency (LAA) to help the applicant
access other protections and assistance.
Contact information for the LIHEAP agencies can be found here: DHCD Resource
Locator (hedfuel.azurewebsites.net). LIHEAP intake and application information
is available here https://www.toapply.org/MassLIHEAP and more information
about LIHEAP is available here: https://www.mass.gov/doc/cold-relief-
brochure/download
82. Can RAAs process rent arrears or utility assistance requests affiliated
with a prior unit if the applicant has already moved to a new unit?
For ERAP, yes. If the arrears were accrued after March 2020 and the applicant
has an eligible housing crisis at the time of application, then the RAA may
assist with moving costs and may also pay arrears at their preceding unit. (For
19
This document is current as of January 1, 2022.
This document will be updated regularlythe definition of “preceding unit,” click here). If the applicant is solely seeking to
pay old arrears but has already moved to a new unit and no longer has an
eligible housing crisis, they would not meet the eligibility criteria.
83. Can RAAs process utility assistance requests if the applicant’s name
is not on the utility account or bill? What further info or documentation
would be needed?
If the applicant’s lease or tenancy agreement specify that the applicant/tenant is
responsible for paying utilities, RAA can pay the landlord for the utilities. A utility
bill and the lease specifying who is responsible for the utilities would be required
for documentation.
Income Verification
84. How is income eligibility verified?
If an adult in the household has zero income, it may be self-attested in the
application, as there is no way to substantiate a lack of income.
Reported income may be verified using one or a combination of four verification
methods:
1. Department of Transitional Assistance (DTA) or MassHealth Verification
All verified DTA eligible households are presumed ERAP income eligible.
Most verified MassHealth participating households are presumed ERAP
income-eligible, except in households with 3 or more members that
are enrolled in the following plans: Family Assistance, One Care, or
CommonHealth.
2. Categorical Income Verification
If an applicant’s household income has been verified to be at or below 80%
percent of the AMI in connection with certain other state or federal government
assistance programs, RAAs are permitted to rely on a determination letter from
the government agency, or government-contracted agency that administers the
benefit, so long as the determination letter for such program is dated on or after
January 1, 2020. See the Federal ERAP Administrative Plan for details on
acceptable benefit determination letters. Examples of acceptable documents
include:
Benefit determination letter from any DTA administered benefit program
that serves households 80% AMI or lower, including SNAP, TAFDC,
EAEDC, SSI, SSP
Eligibility letter for MassHealth
Income-based rent determination letter from a Local Housing Authority or
Regional Administering Agency for state or federal public housing or
20
This document is current as of January 1, 2022.
This document will be updated regularlysubsidized housing vouchers (HCV/Section 8, MRVP/AHVP, DMH, DDS
vouchers)
Benefit determination letter from DHCD-contracted Local Administering
Agency for LIHEAP program or Fuel Assistance
Benefit determination letter for childcare financial assistance from the
Department of Early Education and Care (EEC) or one of their contracted
Child Care and Referral Agencies
Benefit determination letter for Chapter 115 Assistance from the
Department of Veterans Services
3. Applicant-Provided Income Verification
RAAs may accept income verification provided by the applicant, or by someone
assisting with their application on behalf of an applicant, such as a landlord,
advocate, or service provider. This is also known as “third-party income
verification.” See the Federal ERAP Administrative Plan for details on
acceptable income verification documents.
4. Database-Verified Income
Income can also be verified in three databases: UIOnline for unemployment
benefits, FAST_UI for Pandemic Unemployment Assistance, and WageMatch
for reported wages.
5. Self-Attestation of Zero Income
If an adult in the household has zero income, their zero-income status may be
self-attested in the application and does not require additional documentation.
85. If a rent assistance applicant's total household income is over 80%
AMI, but the household is Mass Health and/or DTA verified as a
household, do they still qualify for ERAP?
Yes, Mass Health and/or DTA verified applicants whose total household income
is over 80% AMI will qualify for ERAP.
Required Documentation
86. What are the documentation requirements?
The following documentation is required for all approved applicants:
1. Identification for head of household
2. Verification of current housing
3. Verification of eligible housing crisis
4. Verification of income, or verification of presumed income in the case of
households receiving DTA or MassHealth benefits
5. W-9 for property owner or authorized agent
6. Authorization of agent, if applicable
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This document is current as of January 1, 2022.
This document will be updated regularly7. Proof of ownership for unit
87. If a landlord fails to provide requested information after three requests,
may payments be made directly to the tenant?
Under certain circumstances RAAs may issue ERAP payments directly to
tenants. Per US Treasury guidance, a direct tenant payment is to be issued
when:
• The landlord is non-responsive after 7 days to a letter sent via certified US
postal mail with return receipt requested; OR
• The landlord is non-responsive to three (3) phone, email, or
text messaging attempts over 5 days; OR
• The landlord confirms in writing that they choose not to participate. (See
FAQ #66 above.)
•
88. What will happen if the landlord isn’t responsive to outreach and the
tenant cannot get a ledger from them?
If the landlord has not responded or has not submitted all of the requested
documentation after 5 days (email/phone/text attempts) or 7 days (mail attempt),
and the tenant is otherwise eligible, then the RAA should start the process to pay
the tenant directly. If the notice from the landlord/management agent does not
break out arrearage by months, the tenant may self-certify the arrearage period.
As needed, the RAA may divide the total arrears by the monthly contract rent to
arrive at total months of arrears and assume the period covers the most recent
months counting backwards from the current month (up to a maximum of 18 and
not pre-dating March 13, 2020)
89. How can applicants who receive cash income verify their income?
The applicant may self-certify cash income after the RAA attempts to verify the
income using the five methods outlined in the guidance.
90. Can RAAs accept a text from the landlord as proof of the arrears that
the applicant owes?
Yes, a text from the landlord/owner is acceptable proof of the arrears if it includes
the required information. It is recommended that RAAs take a screenshot of the
text if possible and keep it documented in the applicant file. If an RAA cannot
screenshot the text, make sure it is documented in the applicant file in some way.
91. If someone is not considered rent burdened (paying 30% or more of
their income toward rent), can we still assist them? What
documentation is needed for the applicant file?
22
This document is current as of January 1, 2022.
This document will be updated regularlyYes. Proof of rent burden is NOT required for most forms of ERAP. The only time
an RAA needs to calculate rent burden is if the applicant is applying for stipends
only, without a move and without owing arrears. In those cases, RAAs will
process them using the “pre-court rental assistance” housing crisis and use the
Pre-Court Rental Assistance Stipend Verification Form to calculate the
household’s rent amount as a proportion of its gross monthly income. If they are
not paying 30% or more of their income toward rent, the household is not
automatically considered to demonstrate an “inability to pay future market rent,”
but may still qualify if they provide a reasonable explanation verifying their
inability to pay future market rent. Examples may include: unforeseen household
or medical emergency, increase in expenses, or heavy monthly debt burden.
Households do not need to provide documentation to verify this explanation, but
they do need to provide a reasonable explanation that could be supported by
documentation if ever requested by an auditor. RAA’s should document applicant
explanation(s) in the case file (include name of person that the RAA talked with,
the date they talked with them, and specific details of their situation (without
disclosing PII or confidential medical information)).
92. Does the guideline on calculating affordable rent (i.e. no more than
30% of household’s income) apply to recertifications?
No, RAAs should only be calculating rent affordability in cases where the person
is using the pre-court rental assistance housing crisis, specifically in instances
where the applicant has no arrears.
Internal Processing
93. What is the QA process for ERAP applications?
As with the RAFT Program, each file should be reviewed by at least two individuals
– including the staff person who worked on the file – throughout the course of the
RAA’s work with the application. However, to ensure prompt processing of
applications and payments, the second reviewer does not necessarily need to be
a supervisor for benefit awards that total $10,000 per household or less. RAAs
should develop a review process that ensures compliance with this Administrative
Plan and any other guidance administered by DHCD or the Treasury. Additional
guidance regarding the application review process will be forthcoming from DHCD.
94. Are there different QA activities/reviews for benefits with larger
amounts?
Any application may undergo a DHCD quality assurance review, confirming that
all necessary documents are in the file, and to verify that payment was issued in
accordance with policy guidelines.
95. When should applicants be notified for application status changes?
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This document is current as of January 1, 2022.
This document will be updated regularlyApplicants must be notified in writing by phone, email, or mail at the following status
changes. These notification requirements apply to all applications received using
the joint RAFT and ERAP application, regardless of which program the applicant
is ultimately served with. In cases where the applicant is a landlord or an advocate
using the landlord or advocate version of the Central App, RAAs and the RAP
Center should notify both the landlord/advocate and the tenant at every application
status change. (This only pertains to advocate applications where the advocate
verifies that they want the application notifications to go to the advocate and that
they have the applicant’s permission to communicate on their behalf.)
Receipt of application
Upon review, if there is missing documentation, a request for missing
documents that clearly states deadline to submit before application will be
closed out (not less than 10 business days)
Upon application close-out or denial, stating reason. Denials must use the
“Status Notification” document (this will be in writing)
Upon approval, copying the tenant on landlord terms of agreement to
participate (this will be in writing)
Evidence of the notifications to the applicants, utilities, and landlords must be
maintained in the files for audit purposes.
96. How should duplicate checks be verified?
Duplication checks should continue to be performed in HAPPY:
1. RAAs should search for the head of household in HAPPY to see if they have
received RAFT or ERAP previously. (This search should be done by
checking for the HOH as a “Member” instead of a “Tenant” to ensure that
the search includes households where the HOH may have been a
household member on another HOH’s household.)
2. RAAs should then search to see whether there may be overlapping benefits.
3. If there may be overlap/duplication of benefits, RAAs should investigate
whether prior RAFT benefits covered the same time period.
97. How long are RAAs required to keep an application open for non-
responsive tenants or landlords?
Before closing out an application, the RAA has to give the applicant or landlord a
warning that the application will be closed out in 10 business days if documentation
is not received. After those 10 business days (usually 14 calendar days), the RAA
will send a “Status Notification” and check off the appropriate box (either
“Application Closed Out for Incomplete Applicant Documentation” or “Application
Closed Out Due to Property Owner Inaction.” The notification explains that an
applicant and landlord then have 14 days to reopen the application by submitting
the missing documentation, which would trigger the RAA to reopen the application.
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This document is current as of January 1, 2022.
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