In some circumstances, the Department of Rehabilitation (DOR) can help -individuals pay for their housing costs if they need to attend a school that is not close to their home.

In the past, DOR often denied requests for housing assistance for college training because DOR considered student housing assistance a long-term expense. As explained in a recent decision from the California Court of Appeal, a request for housing assistance cannot be denied simply because DOR views it as a long-term expense. Instead, the DOR must provide a case-by-case analysis when a request for housing is made, to determine:

• Is the request for training at a specific school necessary for the client’s employment goal or can they go somewhere within commuting distance from their home?
• Is housing required for the client to access training at that specific school?
• If housing is required for that training, is the cost for housing more than their normal living expenses?

What housing costs can DOR help with?

Housing costs fall under the category of DOR services called “maintenance”. Under Title 9 of the California Code of Regulations (C.C.R.) Section 7019, maintenance services are described as financial support for individuals who must take on new expenses for food, housing, or clothing, that are more than their normal living expenses, and that are needed for the individual to participate in DOR services or an assessment.

Maintenance services cannot be provided to support an individual’s everyday living expenses. Instead, they are considered temporary services to support an individual’s participation in a specific DOR service. For example, the additional cost of a dorm room that is required for an individual to complete their college training, at a site that is not within commuting distance of their home, can sometimes be allowed under maintenance.

What does the recent appellate court decision clarify?

On August 5, 2024, the 4th Appellate District of the California Court of Appeal ruled that DOR’s analysis to deny housing assistance to an individual who was attending law school did not follow the law. John Doe v. Department of Rehabilitation (2024) 103 Cal.App.5th 1327, 324 Cal.Rptr.3d 150, 2024 Daily Journal D.A.R. 7412. This decision clarified that DOR’s analysis was based on an incorrect interpretation of “short-term” vs. “long-term,” when DOR said that housing for law school was an ongoing, long-term expense.

The court said that for individuals who must attend training that is not within commuting distance from their home, DOR should assess whether the individual will have new costs for housing, that are more than what they would normally be paying for if they were to attend training near their home. In this case, the DOR did not specifically answer those questions, so the court ordered the DOR to re-evaluate the client’s need for housing assistance.

Why is this decision important?

This decision is important because some DOR clients that are denied help with housing costs may actually be entitled to housing assistance. Therefore, individuals may want to ask DOR to reconsider their decision if:

• they were denied support with housing costs by DOR for the purpose of attending a school or other training; and
• a specific school or training program is necessary to meet their needs (usually because of the specialized courses and/or accommodations the school offers); and
• the school is not within commuting distance of their home.

If you believe this situation may apply to you, you can discuss it with your counselor based on this new court decision. If DOR still does not agree to assist with housing costs that are above your normal living expenses, you may want to consider appealing via an Administrative Review and/or filing a request for mediation/fair hearing. You can learn more about that process in this publication: California Department of Rehabilitation Appeals Options & Process Fact Sheet

Conclusion

Now that the court of appeal decision has clarified the process for providing housing assistance, it is the responsibility of DOR to ensure proper interpretation of the regulations. If you believe you may be entitled to housing maintenance services, or if you were previously denied a request for housing maintenance, you can contact the Client Assistance Program (CAP) at 1-800-776-5746 for more information.