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DISCONTINUING PROTECTIVE AND VENDOR PAYMENTS

ISSUE DATE: 12/2014

MFIP:
End protective or vendor payments:

At the unit's written request, if the protective or vendor payments were voluntary.

In cases of money mismanagement, in 2 years, or the month after you determine a client no longer needs a money management plan, whichever occurs first, unless the client is under vendor payments due to program sanctions or drug-related activity.

For program sanctions, discontinue vendor payment of rent and, if applicable, utilities 6 months after the month the participant complies. See 0028.30 (Sanctions for Failure to Comply - Cash).

When the vendor payment interferes with the participant's legal right to withhold rent due to a dispute with a landlord. The renter can file an "Emergency Relief" action or "Rent Escrow" action which provides the right to withhold rent. Minnesota law also allows a renter to withhold rent, without filing an action in court, when a landlord fails to maintain the premises and all common areas fit for the intended use, keep premises in reasonable repair during the term of the lease, or maintain the premises in compliance with applicable health and safety laws of the state.

Upon becoming aware the housing unit is uninhabitable. No future rent payments may be made until the landlord demonstrates the premises are fit for use. Landlords cannot take eviction actions against anyone in the assistance unit.


If the participant's request to cease vendor payment is questionable, contact the landlord to verify the participant is actually withholding rent payments, using a signed release of information.


Vendor payment of shelter and utility costs remain in place any time a drug felon is part of the assistance unit. See 0011.27.03 (Drug Felons).

Release any unspent funds as soon as possible after you stop protective or vendor payments.

Conduct a review within 30 days after a unit complains about the protective payee's performance.

Review a protective payee's performance once every 12 months and determine whether to appoint a new payee.


DWP:

End protective or vendor payments:

When the vendor payment interferes with the participant's legal right to withhold rent due to a dispute with a landlord. The renter can file an "Emergency Relief" action or "Rent Escrow" action which provides the right to withhold rent. Minnesota law also allows a renter to withhold rent, without filing an action in court, when a landlord fails to maintain the premises and all common areas fit for the intended use, keep premises in reasonable repair during the term of the lease, or maintain the premises in compliance with applicable health and safety laws of the state.

If the participant's request to cease vendor payment is questionable, contact the landlord to verify the participant is actually withholding rent payments, using a signed release of information.

When the participant exits DWP, or when the 4-month DWP eligibility period ends.

Upon becoming aware the housing unit is uninhabitable. No future rent payments may be made until the landlord demonstrates the premises are fit for use. Landlords cannot take eviction actions against anyone in the assistance unit.



SNAP, GRH:

No provisions.


MSA:

Review the need for a protective payee at least annually. If the need is likely to continue beyond 2 years, seek judicial appointment of a legal representative for the client.

End voluntary participation in protective or vendor payments at the client's written request.


GA:

Review vendor or protective payee situations at each recertification.

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