N.H. Admin. Code § Jus 605.07

Current through Register No. 50, December 12, 2024

Section Jus 605.07 - Relocation Expenses Awards

(a) The commission shall award compensation for relocation expenses, if:

(1) The offender poses a continuing credible threat to the safety of the claimant;

(2) There is either:

a.A police report and a temporary restraining order or other court order have been issued against the claimant's abuser or potential abuser or a final restraining order has been issued against the claimant's abuser or potential abuser; or

b.If the claimant does not have a restraining order against the abuser, the claimant shall present a letter from a victim's advocate setting forth the basis for not obtaining a protective order, which may include, among other reasons, safety concerns for the claimant;

(3) The underlying facts of the claim meet the requirements of Jus 605.01; and

(4) None of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for relocation assistance shall submit the following documentation to support the request:

(1) A copy of either a police report and a temporary restraining order or bail conditions that have been issued against the claimant's abuser or potential abuser or a final restraining order that has been issued against the claimant's abuser or potential abuser;

(2) A copy of the lease, which shall be for a minimum of one year and list the claimant as a primary responsible party;

(3) A copy of the front and back of all pages of each invoice from each utility company providing service at the new residence;

(4) An estimate or the actual billing invoice for the services of a moving company or movers; and

(5) Copies of all receipts for items the purchase or rental of which was necessitated by the relocation itself.

(c) The advocate assisting the claimant may submit a letter of support and shall submit a Safety Plan Form pursuant to Jus 604.11 for the claim for relocation expenses that explains and addresses the following:

(1) The history of the domestic violence, regardless of whether there is police documentation, between the claimant and the offender that includes a brief narrative of the most recent incidents of violence, abuse, or threats;

(2) A description of the claimant's immediate and specific concerns regarding her or his safety, including the offender's proximity, and how the award will address those concerns;

(3) An explanation for any behavior of the claimant that might, on its face, appear to exhibit a lack of cooperation;

(4) A statement regarding the claimant's plan for the future, including expected financial strength and housing; and

(5) Any other issues or concerns specific to the claimant or the claimant's situation as they relate to relocation.

(d) The following verified expenses shall be eligible for compensation under the category of relocation expenses:

(1) Security deposit and one month's rent;

(2) Start-up utility expenses, excluding any arrearages, or one month's utilities;

(3) Up to 3 months' storage;

(4) The rental of a moving truck or trailer to transport the claimant's possessions;

(5) Expenditures necessitated by the relocation including but not limited to:

a.Moving materials such as boxes, packaging, and tape; and

b.Travel expenses to the new location such as:

1.Fuel;

2.Tolls;

3.Food;

4.Lodging; and

5.Fare for bus, train, air, or other scheduled carrier's transportation;

(6) The cost of the move as billed by the moving company;

(7) Local telephone service and safety-related features such as caller-ID for one month; and

(8) The cost, as billed by the cellular provider, for changing a cell phone number.

(e) The following limitations shall apply to awards made for relocation expenses:

(1) Relocation expenses shall be a one-time benefit per claim;

(2) Relocation expenses shall be paid for expenses associated with the new residence only and not applied to any arrearages associated with the residence the claimant is leaving or has left;

(3) Relocation expenses shall be capped at $5,000;

(4) Compensation for security deposit and one month's rent and for the services of the movers shall be paid directly to the landlord and the movers, respectively;

(5) No compensation shall be awarded for cable television, long-distance telephone, internet service; and

(6) The relocation shall occur within 6 months of the award of compensation for relocation unless the claimant requests an extension and demonstrates:

a.Housing is not available within that time period; and

b.The circumstances giving rise to the concern for safety are anticipated but will not occur until after the compensation has been awarded.

N.H. Admin. Code § Jus 605.07

#9553, eff 9-25-09

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.