Barber v. District of Columbia Department of Human Resources

361 A.2d 194, 1976 D.C. App. LEXIS 346
CourtDistrict of Columbia Court of Appeals
DecidedAugust 3, 1976
Docket9180
StatusPublished
Cited by8 cases

This text of 361 A.2d 194 (Barber v. District of Columbia Department of Human Resources) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barber v. District of Columbia Department of Human Resources, 361 A.2d 194, 1976 D.C. App. LEXIS 346 (D.C. 1976).

Opinion

KORMAN, Associate Judge:

Petitioner seeks review 1 in this court of a final order of the Associate Director for Planning and State Agency Affairs of the District of Columbia Department of Human Resources- (hereinafter, the Department) which denied petitioner’s claim for emergency public assistance to pay both rental arrearages and moving and storage costs. We hold that, since petitioner was evicted from her residence before the Department could act on the application, her claim for past-due rent became moot; and that her claim for costs of moving and storing her furniture subsequent to the eviction was properly rejected because such expenditures are not authorized under governing regulations. Accordingly, we affirm.

Following a determination by her physician that, because of a medical impairment, petitioner was no longer able to work, she, on June 15, 1973, filed with the Department an application for public assistance. That application was received at the central office of the Department’s Payment Assistance Administration on June 21, 1973. Approximately one month later, the Payment Assistance Administration insti *196 tuted a decentralization program under which pending public assistance applications were transferred from the central office to various neighborhood centers.

Not until November 20, 1973, was petitioner notified of the necessity to file a medical report in support of her claim of unemployability, and on December 12, 1973, Dr. John McBride submitted such a report on her behalf. Upon evaluating the report, a medical review team determined that petitioner was in fact employable and she was advised on January 11, 1974, that if she still claimed an inability to work she should submit another medical report. A second medical report was submitted and resulted, on January 22, 1974, in her application being approved. Her first public assistance check was received by her on February 1, 1974.

While her application was being processed, petitioner became delinquent in her monthly residential rental payments, her landlord obtained a judgment for possession of the premises, and, on January 17, 1974, she was served with an eviction notice. In an attempt to forestall eviction, petitioner applied on the following day for emergency assistance to cover the past-due rent. Before any definitive action could be taken on this application by the Emergency Assistance Service, she was, on January 22, 1974, evicted. A former employer of petitioner arranged to have her belongings moved by Acute Van Company and stored by the D Street Storage Warehouse Company. Petitioner then went to live with a cousin.

In June 1974, petitioner was notified that, unless accrued storage charges of $222.00 were paid in full, her furniture would be sold to satisfy the combined moving and storage debt. She then sought emergency assistance to cover the cost of redeeming her belongings. Although her application was rejected, she paid the moving bill and arranged to have the warehouse company continue to store her furniture.

On July 11, 1974, petitioner requested an administrative or “fair” hearing challenging both the delay in processing her public assistance application and the denial of her two requests for emergency assistance, which hearing was held on October 2, 1974. In proposed findings of fact and conclusions of law, the hearing examiner recommended that, due to the delay in processing her public assistance application beyond the thirty-day period prescribed by regulation, 2 she be granted six months of .retroactive public assistance benefits. He recommended further that her claim for emergency benefits be denied. The bases of the latter conclusions were that the rent claim was moot and that the claim for moving and storage charges was not authorized under the applicable Commissioner’s Order. Petitioner submitted timely exceptions, but, on December 23, 1974, said findings of fact, conclusions of law and recommendations were accepted and adopted by the Associate Director of the Department.

Seeking reversal thereof by this court, petitioner argues first that the Department improperly denied her emergency assistance application for rent since a controversy cannot be rendered moot as long as the decisionmaker has the power, notwithstanding intervening events, to grant relief in some form appropriate to the nature of the case. She contends that, if the Department had granted the emergency assistance, her subsequent eviction and resultant storage of her belongings would never have occurred. Additionally she claims that if- her right to request a fair hearing to challenge a denial of assistance is deemed moot, then her right of appeal granted by regulation 3 is rendered null and of no effect.

We find petitioner’s arguments unconvincing. It is well settled “that if, *197 pending an appeal, an event occurs which renders it impossible for the appellate court to grant any relief, or renders a decision unnecessary, the question becomes moot and the appeal will be dismissed.” Smith v. Worksman, D.C.Mun.App., 99 A.2d 712 (1953); McChesney v. Moore, D.C.Mun.App., 78 A.2d 389, 390 (1951). Such, under the facts, is the case presented here. Although petitioner filed application for emergency assistance to cover her past-due rent the day after she received the eviction notice, she was evicted before any definitive action could be taken thereon. 4 It should be obvious that monies earmarked to relieve citizens faced with emergencies should not be available to them as compensation or balm once the moment of crisis has passed.

With reference to the denial of her application for emergency assistance to pay the moving and storage fees, petitioner maintains that if the Department had carried out its obligation to process within the thirty-day period prescribed by regulation her general public assistance application, the moving and subsequent storage charges would never have arisen. She insists that her “parade of horrors” was proximately caused by the “reprehensible” delay of the Department, and concludes that equitable principles dictate that she be reimbursed for the moving and storage expenses.

Assuming that petitioner’s plight may have resulted from the Department’s dila-toriness in processing her public assistance application (for which she was, in fact, later compensated by payment for six months of retroactive benefits), examination of the applicable guidelines leads to the conclusion that the delay does not require allowance for her moving and storage expenses. To hold otherwise would be a blatant disregard of the law.

Pursuant to an authorization from Congress, the District established an emergency assistance program authorizing aid not exceeding thirty days pending completion of investigation once eligibility for public assistance has been established. 5 The Commissioner of the District of Columbia thereafter authorized the Department of Public Welfare 6

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361 A.2d 194, 1976 D.C. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barber-v-district-of-columbia-department-of-human-resources-dc-1976.