N.J. Admin. Code § 5:42-4.1

Current through Register Vol. 54, No. 15, August 1, 2022
Section 5:42-4.1 - Denial of admission or termination of assistance
(a) Denial of assistance for an applicant may include any or all of the following:
1. Denying listing on the DCA-S-RAP waiting list;
2. Denying or withdrawing a S-RAP voucher; and/or
3. Refusing to enter into a HAP contract or approve a lease.
(b) Termination of assistance for a participant may include either refusing to enter into a HAP contract or approve a lease, or terminating housing assistance payments under an outstanding HAP contract.
(c) DCA shall terminate S-RAP assistance for a household evicted from housing assisted under the S-RAP for serious violation(s) of the lease.
(d) DCA shall terminate S-RAP assistance for a household that fails to follow the Employability Development Plan as written by the Department of Labor and Workforce Development.
(e) DCA shall terminate S-RAP assistance for an applicant, or terminate program assistance for a participant if any member of the household fails to sign and submit the consent to release information form.
(f) DCA shall deny admission or terminate assistance because a family member does not establish citizenship or eligible immigration status.
(g) DCA shall deny admission or terminate assistance to sex offenders subject to a lifetime registration requirement under a state sex offender registration program. Other sex offenders shall be denied admission or their assistance terminated for 10 years following their conviction for a sex crime.
(h) DCA may deny admission for an applicant or terminate assistance for a participant on any of the actions or inactions in (h)1 through 6 below. DCA shall make its determination after considering all relevant circumstances, such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure.
1. If the family violates any family obligations under S-RAP;
2. If any member of the family has been evicted from Federally-assisted housing in the last three years;
3. If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with S-RAP;
4. If the family currently owes a financial obligation to the DCA in connection with any other housing assistance program administered by the Department;
5. If the family breaches a repayment agreement to pay amounts owed to DCA; or
6. If the family has engaged in or threatened abusive or violent behavior toward DCA personnel.
(i) DCA shall terminate assistance for a family that is absent from the assisted unit for a period of more than 180 consecutive calendar days.
(j) DCA may deny assistance to an applicant or terminate assistance to a participant family if any member of the family has committed, based on the preponderance of the evidence that a family member has engaged in such activity, regardless of whether the family member has been arrested, either of the following:
1. A drug-related criminal activity, which includes both drug trafficking and illegal use or possession of drugs whether in the unit or elsewhere on or near the premises.
i. A family member who has engaged in the illegal use of drugs may be required to submit evidence of participation in, or successful completion of, a treatment program to reside in the unit; or
2. A violent criminal act.
(k) Discretion. DCA may impose, as a condition of continued assistance for the household, a requirement that other family members who participated in or were culpable for the action or failure would not reside in the unit. In determining whether to deny admission or terminate assistance because of action or failure to act by members of the family DCA has discretion to consider all of the circumstances in each case, including:
1. The seriousness of the case;
2. The extent of participation or culpability of individual family members;
3. Any mitigating circumstances related to disability of a family member; and
4. The effects of denial or termination of assistance on other family members who were not involved in the action or failure.
(l) Informal review for applicant. DCA shall give an applicant prompt notice of a decision denying assistance to the applicant. The notice must contain a brief statement of the reasons for the DCA decision. The notice must also state that the applicant may request an informal review.

N.J. Admin. Code § 5:42-4.1

Amended by 50 N.J.R. 1209(a), effective 5/7/2018