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GuideApril 23, 2026·13 min read·By Jacob Posner

Getting Evicted: Emergency Benefits and Housing Assistance

Facing eviction? Find emergency rental assistance, legal aid, SNAP, LIHEAP, and other benefits that can help you stay housed or get back on your feet.

Facing eviction is one of the most stressful situations a household can go through, but you have more options than you may realize. Emergency rental assistance programs, free legal aid, and a range of federal and state benefits can slow down or stop an eviction, cover back rent, and connect you with stable housing. The key is acting fast, because many programs require you to apply before a court judgment is entered. This guide walks through every major resource available to you right now.

What Happens During an Eviction (And Why Timing Matters)

Before you can use the resources below, it helps to understand where you stand in the eviction timeline.

Step 1: Notice from your landlord. In most states, a landlord must give written notice before filing in court. The notice period varies by state and reason: nonpayment of rent typically requires 3 to 14 days, lease violations often require 10 to 30 days, and no-fault evictions may require 30 to 60 days.

Step 2: Court filing. If you do not pay, move, or fix the violation, the landlord files with a local court and you receive a summons. This is a critical moment. Many assistance programs can still intervene here.

Step 3: Court hearing. You have the right to appear and present your case. Show up. If you do not appear, the judge will almost certainly rule in the landlord's favor, even if you have valid defenses or pending assistance applications.

Step 4: Judgment and lockout. If the court rules against you, a sheriff or marshal delivers a final notice to vacate. A landlord cannot legally remove you or your belongings without law enforcement.

At any stage before a final lockout, assistance programs may be able to help. The earlier you act, the more options you have.

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Emergency Rental Assistance Programs

Emergency Rental Assistance (ERA) programs provide direct funds to cover overdue rent, upcoming rent, and in some cases utilities and other housing costs. These programs operate at the federal, state, county, and city level.

What ERA Programs Typically Cover

  • Past-due rent (also called rent arrears)
  • Upcoming rent for 1 to 3 months
  • Utility bills including electricity, gas, and water
  • Court filing fees or late fees in some programs

Who Qualifies

Most programs require:

RequirementTypical Threshold
Household incomeAt or below 80% of Area Median Income (AMI)
Housing statusRenting (must have a lease or rental agreement)
Financial hardshipCOVID-related, job loss, medical, or other documented hardship
Risk of housing instabilityPast-due notice, eviction notice, or court summons

Some programs prioritize households at or below 50% AMI, and many give highest priority to households already in eviction court proceedings.

How to Find ERA in Your Area

Federal ERA2 funds expired in September 2025, but state and local programs funded through other sources continue to operate. To find programs currently accepting applications:

  1. Call 2-1-1. Dial 2-1-1 from any phone or visit 211.org. This free national helpline connects you to local rental assistance, food programs, utility help, and more. Housing assistance is the most common request they receive.
  2. Visit your local government website. Search your city or county name plus "emergency rental assistance."
  3. Contact a Community Action Agency. These nonprofit organizations receive federal and state funding to help low-income households. Search "community action agency near me."
  4. Check the CFPB housing portal. The Consumer Financial Protection Bureau maintains a list of rental assistance resources at consumerfinance.gov.

Free Legal Help for Eviction Cases

Having a lawyer can dramatically change the outcome of an eviction case. Studies consistently show that tenants represented by counsel are far more likely to remain housed than those who appear without representation. Many organizations provide free legal help to low-income tenants.

HUD Eviction Protection Grant Program

HUD awarded $40 million in grants to 21 legal service organizations in January 2025 through its Eviction Protection Grant Program. These organizations provide free legal representation to low-income tenants facing eviction in 16 states. Visit huduser.gov/portal/eviction-protection-grant.html to check if your area is served.

Finding Free Legal Aid

  • LawHelp.org lists free legal aid providers by state. Visit lawhelp.org and select your state to find organizations that handle housing cases.
  • Law school clinics often represent tenants at no cost.
  • Court self-help centers can help you understand the process even if they cannot represent you.
  • JustShelter.org has a directory of more than 600 community organizations working on eviction prevention.

If you cannot find free representation, show up to your hearing anyway. Explain your situation to the judge. Many courts allow tenants to apply for rental assistance on-record, which can pause the case.

HUD Housing Counseling

HUD-approved housing counselors provide free or low-cost help with eviction, foreclosure, and housing instability. A counselor can help you understand your rights, communicate with your landlord, and connect you with local assistance.

Call 800-569-4287 to find a HUD-approved agency near you, or search online at hud.gov.

Section 8 and Emergency Housing Vouchers

If you are already experiencing homelessness or are at imminent risk, you may qualify for an Emergency Housing Voucher (EHV) through the Housing Choice Voucher (Section 8) program. These vouchers are distributed by local Public Housing Authorities (PHAs) and cover the gap between 30% of your income and the local market rent.

Emergency Housing Voucher Eligibility

To qualify for an EHV, your household must meet one of these criteria:

  • Currently homeless
  • At risk of homelessness (such as facing eviction within 14 days)
  • Fleeing or attempting to flee domestic violence, dating violence, sexual assault, or stalking
  • Recently homeless and at high risk of housing instability

Income requirements for the standard Section 8 program generally require household income below 50% of AMI, and PHAs must prioritize 75% of new vouchers to households below 30% AMI.

How to Apply for an EHV

EHVs are typically accessed through referrals from homeless service providers, domestic violence programs, or other partner organizations, not through direct PHA applications. Contact your local PHA or call 2-1-1 to ask how referrals work in your area.

Standard Section 8 waitlists are long, often years, but EHVs are designed to move faster. Ask specifically about Emergency Housing Vouchers, not the general waitlist.

SNAP: Food Assistance When Income Drops

If you are facing eviction, your income has likely dropped or is unstable. SNAP (Supplemental Nutrition Assistance Program) can free up money in your budget by covering food costs, giving you more resources to put toward rent.

SNAP Income Limits 2026

Household SizeGross Monthly Income Limit (130% FPL)Net Monthly Income Limit (100% FPL)
1$1,580$1,215
2$2,137$1,644
3$2,694$2,072
4$3,250$2,500
5$3,807$2,929
6$4,364$3,357

Many states have expanded SNAP eligibility to 200% FPL through Broad-Based Categorical Eligibility. Benefits typically average around $6 per person per day and are loaded onto an EBT card usable at most grocery stores.

Apply: Visit benefits.gov or your state's SNAP agency. Applications can often be submitted online and approved within 30 days, with expedited benefits in 7 days for households in crisis.

LIHEAP: Utility Bill Help

The Low Income Home Energy Assistance Program (LIHEAP) helps pay heating, cooling, and utility costs. If utility bills are part of your housing crisis, or if past-due utility bills are triggering your eviction, LIHEAP can help cover that gap.

LIHEAP Income Limits (Approximate)

Household SizeApproximate Income Limit (150% FPL)
1$22,590
2$30,510
3$38,430
4$46,350
5$54,270

Exact limits vary by state, and many states set higher thresholds. You may qualify automatically if you already receive SNAP, SSI, or other means-tested benefits.

Apply: Contact your state's LIHEAP office or call 2-1-1. LIHEAP operates seasonally, so timing matters. Funding is limited and can run out during peak periods.

Medicaid: Health Coverage During a Crisis

Losing housing often coincides with losing employer-sponsored health insurance. Medicaid provides free or very low-cost health coverage if your income falls below roughly 138% of the Federal Poverty Level (in states that expanded Medicaid under the ACA).

Medicaid Income Limits (2026, Expansion States)

Household SizeAnnual Income Limit (138% FPL)
1$20,783
2$28,208
3$35,633
4$43,056

If you live in a non-expansion state, eligibility rules differ and adults without dependent children may not qualify. Check your state's rules before applying.

Apply: Visit healthcare.gov or your state Medicaid office. Loss of job or income qualifies you for a Special Enrollment Period for Marketplace coverage as well.

Other Benefits Worth Checking

When you are facing eviction, several other programs can help stretch your budget:

WIC: If you have children under 5 or are pregnant, WIC provides monthly food benefits specifically for nutritious foods. Income limit is typically 185% FPL.

Child Tax Credit / EITC: If you worked during the year, you may be owed hundreds to thousands of dollars through the Earned Income Tax Credit or Child Tax Credit. Filing taxes, even late, can unlock these payments.

Lifeline: If you have a phone or internet connection, the federal Lifeline program can reduce your monthly bill by up to $9.25/month. Some providers offer free service to qualifying households.

SSI/SSDI: If you or a household member has a disability, Supplemental Security Income or Social Security Disability Insurance may provide monthly income regardless of employment status.

What to Do Right Now: Step-by-Step

If you have just received an eviction notice or summons, work through these steps in order:

  1. Do not ignore the notice. Read it carefully. Note the date of any required court appearance.
  2. Call 2-1-1 today. Ask specifically for emergency rental assistance and housing counseling in your area.
  3. Contact a legal aid organization. Search lawhelp.org for free representation in your state.
  4. Gather documentation. Collect your lease, any written notices from your landlord, pay stubs or proof of income, bank statements, and documentation of any hardship (job loss letter, medical bills, etc.).
  5. Apply for every benefit you may qualify for. Use our free eligibility screener to check SNAP, LIHEAP, Medicaid, and other programs in minutes.
  6. Attend your court hearing. Even if you have a pending assistance application, appear in court. Tell the judge you are actively seeking assistance. Some courts will grant a continuance while you secure funding.
  7. Contact your landlord. Many landlords prefer to receive payment over going through a court process. A pending assistance application can be leverage to negotiate more time.
  8. Call HUD at 800-569-4287 to find a housing counselor who can help you communicate with your landlord and navigate your options.

Programs Comparison at a Glance

ProgramWhat It CoversIncome LimitSpeed
Emergency Rental AssistanceBack rent, upcoming rent, utilities80% AMI2 to 4 weeks
Section 8 / EHVOngoing rent subsidy50% AMIWeeks to months
Legal AidFree court representationVaries by orgSame week
SNAPFood costs130% FPL (some states: 200%)7 to 30 days
LIHEAPUtility billsApprox. 150% FPLSeasonal
MedicaidHealth coverage138% FPL (expansion states)1 to 2 weeks
HUD Housing CounselingGuidance, negotiation helpNoneSame week

Frequently Asked Questions

Can I be evicted if I have applied for rental assistance?

In many states, yes, the eviction process can continue even if your application is pending. However, many courts will pause proceedings if you have a confirmed assistance application or approval. Bring proof of your application to your court hearing and explain the situation to the judge. Some local programs coordinate directly with courts to pause cases while payments are processed.

What if I cannot afford a lawyer for my eviction hearing?

Free legal aid is available in most areas. Search lawhelp.org for organizations in your state. If you cannot secure representation before your hearing, attend anyway. Going unrepresented is far better than not showing up. Many courthouses also have self-help centers where staff can explain the process.

How fast can emergency rental assistance pay my landlord?

Processing times vary widely by program, from as fast as a few days to several weeks. Some programs require landlord participation, meaning your landlord must agree to accept payment and cooperate with the application. If your landlord refuses to participate, ask the program administrator if tenant-only payments are available.

Does SNAP count as income for eviction purposes?

No. SNAP benefits are not counted as income for most purposes, including lease eligibility checks. Receiving SNAP will not affect your eviction case.

What happens to my belongings if I am evicted?

Even after a court judgment, a landlord cannot remove your belongings without a law enforcement officer. A sheriff or marshal will serve a final notice, and you typically have 24 to 72 hours (varies by state) to retrieve your possessions before a lockout. Some states require landlords to store belongings for a period after lockout. Contact a legal aid organization immediately if a landlord removes your property without going through the court process, as that is illegal in most states.

Can undocumented immigrants get eviction help?

Federal rental assistance programs generally require at least one household member to be a citizen or eligible immigrant, but some state and local programs and nonprofit organizations have no immigration status requirements. Call 2-1-1 or contact a local community organization to ask about programs in your area that serve mixed-status households.

I already have a court judgment against me. Are there still options?

Yes. Even after a judgment, some programs will cover owed rent and allow you to work out a payment plan with your landlord to vacate the judgment. Contact legal aid immediately. Some states also allow "post-judgment" agreements where paying the full balance voids the eviction order. Act before the physical lockout date.

Where can I check all the benefits I might qualify for?

The fastest way is to use the Benefits Navigator screener at benefitsusa.org/screener. Enter your ZIP code, income, and household size and see which programs you may qualify for across SNAP, Medicaid, LIHEAP, WIC, and more in minutes.

Check which of 20+ benefit programs you qualify for

Our free screener checks SNAP, Medicaid, SSDI, ACA, and 20+ other programs in about 3 minutes.

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