A2267

An Act concerning eligibility for emergency assistance and amending P.L.1997, c.14.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 8 of P.L.1997, c.14 (C.44:10-51) is amended to read as follows:

8. a. Emergency assistance shall be provided only to recipients of Work First New Jersey and persons receiving Supplemental Security Income pursuant to P.L.1973, c.256 (C.44:7-85 et seq.) in emergent situations [, as determined by the commissioner,] . The standards for eligibility shall be established by the commissioner by regulation, except that emergency assistance shall be granted to an individual or family in which the individual or family is in a state of homelessness or imminent homelessness that, according to a signed attestation by the applicant, is the result of imminent or demonstrated domestic violence that may imperil the health and safety of the individual or family. Emergency assistance shall be provided for up to 12 cumulative months; except that:

(1) the commissioner may provide for an extension of emergency assistance for up to six additional months to [an assistance unit] a family with dependent children, if the commissioner determines that a case of extreme hardship exists. The commissioner shall review each such case on a monthly basis during the six-month period and shall continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist. If the extreme hardship continues to exist at the end of the six-month period, the commissioner may provide an additional six months of emergency assistance to no more than 10% of those [assistance units] families with dependent children which are receiving temporary rental assistance under the emergency assistance component of the program, based upon the most current data available; and

(2) the commissioner may provide for an extension of emergency assistance for up to six additional months to no more than 10% of single adults and couples without dependent children who are receiving temporary rental assistance under the emergency assistance component of the program, if the commissioner determines that a case of extreme hardship exists. The commissioner shall review each such case on a monthly basis during the six-month period and shall continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist. Any form of emergency assistance provided pursuant to this section shall count toward the maximum period of emergency assistance allowed.

b. A person receiving emergency assistance shall contribute from the person's income toward the payment of all emergency shelter arrangements, including temporary housing and temporary rental assistance, in accordance with regulations adopted by the commissioner. As a condition of receipt of emergency assistance, a person shall be required to take all reasonable steps to end the person's dependency on emergency assistance and take all other actions required by the commissioner.

c. The commissioner shall adopt regulations to establish classifications for hotel or motel per diem rates in accordance with the level of enhanced services provided at a participating hotel or motel.

d. The provisions of this section shall apply to a person who receives general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.) after the effective date of this act and is subsequently transferred directly into the Work First New Jersey program.

(cf: P.L.1997, c.14, s.8)

2. This act shall take effect immediately.

STATEMENT

This bill provides for emergency assistance to individuals or families that are homeless or in a temporary living arrangement due to domestic violence.

Current regulations at N.J.A.C.10:90-6.1 provide that emergency assistance is available in situations where there is an indication that an individual, or a parent and his or her children, have left their customary residence and the individual or family is in a state of homelessness due to imminent or demonstrated domestic violence that imperils the health and safety of the individual or family. The regulations further provide that temporary living arrangements during the period between the occurrence of the incidence of domestic violence and the application for emergency assistance do not negate the existence of a state of homelessness. However, the regulations do not assert the supremacy of these protections for victims of domestic violence over other provisions that restrict emergency assistance from individuals and families that have “caused their own homelessness.” Advocates have testified to the Legislature that some victims of domestic violence have been denied emergency assistance on the grounds that they voluntarily left a job where their abuser could find them, failed to plan for substitute housing, or otherwise caused their own homelessness. This legislation is intended to ensure that victims of domestic violence can be assured of support from the emergency assistance program, even if they must depart their home abruptly and without adequate time to ensure compliance with other program requirements.