 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
OPINION
|
EXTRACTED KEY WORDS
SOCIAL SERVICES LAW TENANT EMERGENCY FUNDS HEAP RECORD REQUIREMENT ENERGY ASSISTANCE PAYMENT RESPONSIBILITY APPLICANTS ENERGY ASSISTANCE PROGRAM PAY UTILITY BILLS YORK MONTHLY RENT USC DSS HOME ENERGY REGULATIONS PRIMARY RESPONSIBILITY DWELLING UNIT UTILITY COSTS NY2D NYCRR ELIGIBILITY REQUIREMENTS CONNIE GOODWIN CHIEF JUDGE FEDERALLY-FUNDED HOME ENERGY BLOCK GRANT |
CONNIE GOODWIN, RESPONDENT, v. CESAR A. PERALES, AS COMMISSIONER OF THE NEW
YORK STATE DEPARTMENT OF SOCIAL SERVICES, APPELLANT, ET AL., DEFENDANTS.
88 N.Y.2d 383, 669 N.E.2d 234, 646 N.Y.S.2d 300 (1996).
June 6, 1996
4 No. 125 (1996 NY Int. 121)
Decided June 6, 1996
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Denise A. Hartman, for Appellant.
Gerald A. Norlander, for Respondent.
KAYE, CHIEF JUDGE:
Can New York require that applicants for emergency public assistance
benefits to pay utility bills be "tenants of record" (meaning that
they have primary responsibility for making monthly rent or mortgage
payments on the dwelling units for which they seek public funds)? We
conclude that New York's tenant of record requirement accords with
both the federally-funded Home Energy Assistance Program (HEAP) (42
USC § 8621 et seq., Social Services Law § 97) and New York's own
state-funded emergency energy program for recipients of public
assistance (Social Services Law § 131-s). We therefore reverse the
judgment appealed from and the orders of the Appellate Division that
declared the regulations invalid.
Facts
Since 1988, plaintiff Connie Goodwin has lived with her three teenage
daughters and John Potter (not the girls' father) in a single-family
home in Addison, New York. As owner of the house, Potter is
responsible for making all mortgage, tax and insurance payments on the
property. Plaintiff, in turn, pays Potter $400 in monthly rent which
she now receives under an Aid to Families with Dependent Children
(AFDC) grant and other public assistance allowances (18 NYCRR 352).
According to a "Landlord Verification" form certified by Potter and
submitted by plaintiff as part of her public assistance application,
her rent includes all utilities such as heat, electricity, gas and
water. Thus, although Potter is legally responsible for providing
plaintiff with electricity, the account with the local utility company
at Potter's home is listed in plaintiff's--not Potter's--name.
SNIPPETS:
|
|
|
| | | |
|
|
