O.S. v. New Jersey Department of Human Services, Etc.
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Opinion
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1689-23
O.S.,1
Petitioner-Appellant,
v.
NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY DEVELOPMENT,
Respondent-Respondent.
Argued October 29, 2025 – Decided January 9, 2026
Before Judges Currier and Berdote Byrne.
On appeal from the New Jersey Department of Human Services, Division of Family Development, Case ID C121012006.
O.S., appellant, argued the cause on appellant's behalf.
Laura N. Morson, Deputy Attorney General, argued the cause for respondent (Matthew J. Platkin, Attorney General, attorney; Sookie Bae-Park, Assistant Attorney General, of counsel; Laura N. Morson, on the brief).
1 We use initials to protect petitioner's privacy. R. 1:38-3(f)(4). PER CURIAM
Petitioner O.S. applied for emergency assistance (EA) under N.J.A.C.
10:90-6.3(a)(1), seeking temporary rental assistance through the Cumberland
County Board of Social Services (Board). After receiving information
pertaining to O.S.'s extensive mental health history, the Board determined that
a boarding home or residential healthcare facility would be the most appropriate
temporary housing and offered O.S. those options. After O.S. refused the offer,
the Board formally denied O.S.'s application for EA, based on her refusal to
accept the proposed placement, which was supported by clinical
recommendations and documentation. The New Jersey Department of Human
Services (Agency) upheld the Board's decision. We affirm.
On appeal, O.S. contends that boarding homes and residential health care
facilities are not appropriate or permissible forms of housing assistance under
the EA statutory and regulatory framework delineated under N.J.A.C. 10:90-
6.3(a)(1). O.S. argues that because the regulations omit the terms "boarding
homes" and "residential healthcare facilities," these options are excluded for EA
applicants.
We "review[] agency decisions under an arbitrary and capricious
standard." Zimmerman v. Sussex Cnty. Educ. Servs. Comm'n, 237 N.J. 465,
A-1689-23 2 475 (2019). "An agency's determination on the merits 'will be sustained unless
there is a clear showing that it is arbitrary, capricious, or unreasonable, or that
it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & Firemen's
Ret. Sys., 219 N.J. 369, 380 (2014) (quoting Russo v. Bd. of Trs., Police &
Firemen's Ret. Sys., 206 N.J. 14, 27 (2011)).
"Emergency assistance shall be made available through the [Work First
New Jersey (WFNJ)] program as a supportive service to meet the emergent
needs of WFNJ recipients, so that recipients shall not be prevented from
complying with the work requirement due to disruptions caused by
homelessness and related emergencies." N.J.A.C. 10:90-6.1(a). Essentially, the
program serves as a social safety net, designed to provide adequate housing for
those in dire need.
N.J.A.C. 10:90-6.3(a) states that
[t]he county or municipal agency is authorized to provide the following kinds of assistance to meet emergency situations when there is no other source of support available: payment for emergency shelter and emergency temporary housing . . . .
The county/municipal agency shall determine the most appropriate form of emergency housing which is required to address the need and authorize payment of the costs of adequate emergency shelter/housing, taking into consideration individual/family circumstances and services provided. Such emergency housing shall
A-1689-23 3 include placement in shelters; hotel/motel placement; transitional housing; or shelters for victims of domestic violence.
[(Emphasis added).]
"Transitional housing" is defined as being
temporary housing that: includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; provides access to on- site or off-site supportive services for very low-income households who have recently been homeless or lack stable housing; is licensed by the department; and allows households to remain for a minimum of six months.
[N.J.S.A. 52:27D-304 (emphasis added).]
The issue before us is whether the Agency was unreasonable in upholding
the Board's decision offering O.S. a boarding home and residential health care
facility as transitional housing. We discern the proffer of housing options was
appropriate under the circumstances and permitted under the applicable statutes
and regulations.
A "[b]oarding house" is defined as being
any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any
A-1689-23 4 residential hotel or congregate living arrangement, but excluding any hotel, motel, or established guest house wherein a minimum of [eighty-five] percent of the units of dwelling space are offered for limited tenure only . . . where the primary purpose of the occupancy is to provide charitable assistance to the guests and where the owner derives no income from the occupancy.
[N.J.S.A. 55:13B-3(a).]
A "residential health care facility" is defined as a facility "not located
with, and operated by, a licensed health care facility that provides food, shelter,
supervised health care and related services, in a homelike setting, to four or more
persons [eighteen] years of age or older who are unrelated to the owner or
administrator." N.J.A.C. 5:27A-1.3(3).
After O.S. appealed the Board's decision to the Office of Administrative
Law, the Administrative Law Judge held a hearing with testimony from O.S.
and a social worker and noted "The Board processed . . . [O.S.]'s application as
an emergent request and reviewed her extensive medical and treatment history,
together with her records from the [Project for Assistance in the Transition from
Homelessness]." The Board "determined that the most appropriate temporary
housing . . . should be: 1. A boarding home that provided three meals per day,
partial day programs, and medical benefits as needed; or 2. A residential
healthcare facility also with food service and day programs but with medical
A-1689-23 5 staff located on the premises." The ALJ found that O.S.'s "reasoning for
rejecting those options and continuing to live in her boyfriend's automobile . . .
[were] unconvincing and unsound." Therefore, the ALJ affirmed the Board's
decision.
The Agency independently reviewed the record and the ALJ's decision
and adopted the findings of fact and conclusions of law. The Agency cited to
N.J.A.C. 10:90-6.3(a)(1) as its authority to determine the appropriate form of
housing to address O.S.'s needs, "which may include an assisted boarding home
or a residential facility." The Agency stated that if O.S. again refused Agency
offered housing, she may be found ineligible for the receipt of EA benefits for
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