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2 N.J.A.R. 173

Monmouth County Board of Social Services; C., J. v
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Citation: 2 N.J.A.R. 173
Decision Date: 1980
Synopsis: Petitioner a recipient of assistance under the Aid to Families with Dependent Children program, was denied emergency shelter assistance by the local county welfare agency. After a hearing, the administrative law judge found that petitioner had been forced to sell her home to a realtor in August of 1980 to avoid a sheriff's sale scheduled because her mortgage payments were 23 months in arrears. The judge found that petitioner realized she would be unable to pay the arrearage as early as April 1980 and with the assistance of the local agency had been looking for replacement housing since that time without success. Although the judge found that petitioner and her children were without a permanent home, he concluded that petitioner's loss of shelter was caused by her failure to pay her mortgage, a condition over which she had control and thus within the terms of N.J.A.C. 10:82-5.10(c) the denial of emergency assistance was correct.
Rule(s) Cited: 10:82-5.10(c)