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10 <br /> $42,950 Eviction Diversion <br /> Temporary Legal Assistance <br /> $50,000 Housing Voucher <br /> Incentives <br /> $50,000 Short Term Rental <br /> Assistance <br /> $100,000 Risk Mitigation and <br /> Housing Stabilization fund <br /> $100,000 Foreclosure Prevention <br /> 1 <br /> 2 The Personal Responsibility And Work Opportunity Act of 1996 ("PRWORA") (8 U.S.C. § <br /> 3 1621(b)(2)) precludes nonimmigrants and undocumented immigrants from receiving federal <br /> 4 public benefits. These classifications of immigrants are eligible for public health benefits, <br /> 5 emergency services, and program identified by the United States Attorney General as <br /> 6 necessary for the protection of life and safety. An exception to the PRWORA nonimmigrants <br /> 7 and undocumented immigrants is for "short term, non-cash, in-kind emergency disaster relief." <br /> 8 Nonimmigrants and undocumented immigrants would be eligible for the eviction diversion <br /> 9 programs legal resources under this exception. PRWORA prevented federal CARES Act from <br /> 10 providing benefits to nonimmigrants and undocumented immigrants. Nonimmigrants and <br /> 11 undocumented immigrants who pay taxes, using an individual taxpayer identification number <br /> 12 ("ITIN") instead of a social security number, did not receive stimulus funds nor did they receive <br /> 13 unemployment benefits. However, HUD has provided guidance that under the "protection of life <br /> 14 and safety" exception Rapid Re-Housing funds are not subject to PRWORA Immigration-based <br /> 15 restrictions. So any funds received for Rapid Re-housing could be used for nonimmigrants and <br /> 16 undocumented immigrants. However, consideration must be given to providing Rapid Re- <br /> 17 housing funds to undocumented immigrants seeking to obtain citizenship when it is not known <br /> 18 the affect receipt of those funds may have on the Public Charge Test. <br /> 19 <br /> 20 Staff is requesting the following: <br /> 21 1. An allocation of Social Justice Reserve funds to finance the Eviction Diversion Program — <br /> 22 Funds allocated would pay for 50% of a one-year salary and benefits for a temporary bi- <br /> 23 lingual attorney, trained in eviction diversion and pro bono legal services. (The other half <br /> 24 of the salary and benefits would be paid by the CARES funds.) The attorney would not <br /> 25 only assist with development the program, training of pro bono attorneys and case <br /> 26 management, but also would perform bi-lingual legal services for the Eviction Diversion <br /> 27 Program and mediation of Housing Helpline calls prior to residents reaching court <br /> 28 proceedings. The hiring of a temporary bi-lingual attorney trained in eviction diversion <br /> 29 would overcome the obstacle of not only Legal Aid's income limit threshold but also its <br /> 30 inability to serve undocumented persons. <br /> 31 2. An allocation of the Social Justice Reserve funds to the Risk Mitigation and Housing <br /> 32 Displacement Fund to pay rent and mortgage arrears to assist nonimmigrants and <br /> 33 undocumented immigrants and continue to prevent eviction and foreclosure. <br /> 34 3. An allocation of Social Justice Funds to Legal Aid of North Carolina for surge assistance <br /> 35 with eviction cases and to assist with mediation in court proceedings. <br /> 36 4. Authorization to seek funding from the Towns, and donations from community residents <br /> 37 and businesses to fund this Program —While the Towns have their own emergency <br /> 38 housing assistance funds that are streamlined with the County's emergency housing <br /> 39 assistance fund to follow the same referral and application process, additional funds will <br /> 40 be requested specifically to provide support to the Eviction Diversion Program. Donations <br />