Newby v. Department of Human Servs.

A-2149-94T3 (N.J. Super. Ct. App. Div. Oct. 30, 1995). ; Clearinghouse Number: 51167

Description

Homeless AFDC Recipients Challenge New Jersey’s Inflexible 12-Month Limit on Temporary Rental Assistance

Abstract

Appellant homeless AFDC recipients have filed their brief on appeal in this suit against the imposition by appellee New Jersey Department of Human Services (DHS)of a 12-month time limit on temporary rental assistance (TRA). Appellants’ TRA was terminated without provision for any shelter alternative. All shelter assistance ceased despite appellants’ full compliance with mandated service plans, formulated with their local county welfare agencies to help them secure permanent housing. Appellants argue that DHS’s imposition of a 12-month time limit for the TRA is inconsistent with the New Jersey Supreme Court’s decision in L.T. v. New Jersey Dep’t of Human Services, 134 N.J. 304 (1993), and state law. In L.T., the supreme court invalidated a 12-month limit on the TRA imposed on general assistance (GA) recipients. The court held that the New Jersey legislature intended the GA program to provide temporary shelter to the neediest citizens and that a regulation terminating the TRA without a fallback provision for shelter conflicted with that intent. Appellants argue that the overarching principle of L.T., invalidating the inflexible and arbitrary termination of shelter assistance applies equally to the emergency assistance program for homeless AFDC recipients. Appellants assert that the goals and operation of emergency assistance and its TRA component in both the AFDC and GA programs are identical and that the termination of the TRA disrupts efforts to resolve the homelessness of AFDC recipient families.

Additional Information

Attorney Information
Plaintiffs represented by Richard Bennett, Rabbia Ashraf, Middlesex County Legal Services, 78 New St., 3d Floor, New Brunswick, NJ 08901-2584, (908) 249-7600; David Sciarra, Diane Smith, Elizabeth Szabo, Kenneth Goldman, Richard Foard.
Docket Date
1970-01-01 06:00:00+00:00