Page 237

Page 4 of 202 § 10:90-6.1 Availability of emergency assistance

below. The EA penalty shall not be imposed when it has been determined by a qualified professional that due to mental, cognitive or substance abuse impairments, the recipient lacked the functional capacity to avoid behaviors that contributed to his or her becoming homeless. Such recipients shall be required to follow through with the recommendations of the qualified professional to maintain EA eligibility. i. For the purpose of making himself or herself eligible for EA, for example, refusing to accept subsidized housing; ii. Eviction from public and/or subsidized housing for nonpayment of rent; iii. Eviction from private, public and/or subsidized housing because of criminal activity, except when the criminal activity was committed by an adult who is no longer part of the assistance unit; iv. Eviction from private, public and/or subsidized housing for destruction of the property, provided that the destruction of property was caused by the adult applicant; v. The adult applicant or recipient had the available funds and the capacity to prevent homelessness; vi. The adult applicant's or recipient's behavior directly caused the eviction; vii. The adult applicant or recipient abandoned permanent affordable housing; viii. Refusal to accept Section 8 housing, if offered; or ix. Failure to comply with the mandatory activities identified in the EA service plan. 4. An adult household member who incurs a sanction as a result of his or her failure to comply with the WFNJ program work requirements may apply for and receive emergency assistance for himself or herself and the eligible unit while in sanction status. 5. An adult household member who incurs a sanction due to failure to comply with the WFNJ work requirements (not a voluntary quit) while receiving emergency assistance shall continue to receive such assistance (see N.J.A.C. 10:90-6.4 concerning time limits on receipt of emergency assistance), as may be required, for himself or herself and the eligible unit, for up to one month after all WFNJ cash assistance to the eligible unit has been terminated and the case closed as a result of failure to correct a sanction. 6. In consultation with CP&P, EA shall be provided to a CP&P family, even if the family caused its own homelessness, provided that the family meets all other EA eligibility requirements. i. When EA is granted to a CP&P family that caused its own homelessness, the CSSA and CP&P shall establish communication to ensure coordination of the CP&P plan, the EA service plan and the IRP. (1) Every effort shall be made to avoid situations in which the development and execution of one plan infringes upon the development and execution of