N.H. Admin. Code § He-M 406.03

Current through Register No. 50, December 12, 2024

Section He-M 406.03 - Eligibility Criteria

(a) In order to be eligible for HBSP a person shall meet the following eligibility criteria:

(1) The person shall have a severe mental illness or a severe and persistent mental illness;

(2) The person shall be 18 years or older;

(3) The person shall be eligible for services from a CMHP, facility, or the transitional housing services program;

(4) The person and any member of the person's household who is 18 years or older, shall have applied for or be listed on the person's application for the Section 8 Housing Choice Voucher Program; and

(5) The person shall lack safe and permanent housing options in the community, and meet one of the following criteria:

a. Be ready for discharge from a facility;

b. Be ready for discharge from the transitional housing services program or a community residence as defined in He-M 1002;

c. Be on an Assertive Community Treatment Team (ACT);

d. Be incarcerated as a result of mental illness and ready for release;

e. Have a minimum of two admissions to New Hampshire Hospital within the last two years;

f. Have used crisis, or emergency services as defined in He-M 426.09, for psychiatric reasons within the last two years; or

g. Be unable to access needed community mental health services within the last two years.

(b) Eligibility for the HBSP shall not be conditioned on an individual participating in treatment or complying with mandatory programmatic criteria.

(c) The following persons shall not be eligible for services under the program:

(1) Individuals who have been convicted of:

a. A violent criminal offense within the past 15 years; or

b. The illegal manufacture, sale, or distribution of a controlled drug, or the possession of a controlled drug with intent to manufacture, sell, or distribute within the past 7 years;

(2) Individuals who are current required to register for any sexual offense as defined in 651-B, "Registration of Criminal Offenders;"

(3) Individuals with a household member who meets the criteria in (1) or (2) above; and

(4) Individuals with a house hold income in excess of the "Area Income Limits" for the area in which housing is sought, as listed by the New Hampshire Housing Finance Authority, (May 1,2015), and available on-line under "Publications" at http://www.nhhfa.org/rental-housing-choice-vouchers.cfm.

(d) Individuals meeting the criteria in He-M 406.03(a) and in paragraphs (c) (1) or (2) above, may request an eligibility accommodation whereby the individual demonstrates to the department:

(1) That there is a link between the mental illness and the behavior; and

(2) That the behavior is controlled through on-going treatment, a completed rehabilitation program, or the terms of a conditional discharge.

(e) The department shall grant the eligibility accommodation if it determines, that based on the information provided in (d) above good cause exists to believe that the individual will not otherwise possess a threat to the health, safety, or wellbeing of another tenant, so long as the conditions of (d) (2) are followed.

N.H. Admin. Code § He-M 406.03

Derived From Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11191, Effective 9/27/2016, Expires 9/27/2026.