N.J. Admin. Code § 5:49-3.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:49-3.4 - Emergency energy assistance-CAA

(a) Emergency energy assistance is available to HEA eligible households and is subject to the following conditions:

1. An energy emergency shall exist when a household is without heat or is in danger of being without heat and has insufficient income available to purchase fuel or when a household which pays for heating costs which are included in a monthly rental charge is faced with eviction due to nonpayment of rent.

2. The emergency must be verified by client affidavit and collateral contact where this is possible and deemed necessary by the CAA or other non-profit agency.

3. The amount of any emergency assistance payment shall be the lowest amount charged for the service performed by the household's energy supplier or for the purchase of fuel, but shall not exceed $ 400.00 for the initial purchase of fuel oil, electricity, natural gas, bottled gas, kerosene, wood or coal. The fee for restoration of utility service shall be counted toward the $ 400.00 maximum amount for the initial purchase of electricity or natural gas. An additional emergency benefit of up to $ 200.00 may be issued dependent on need.

4. The client shall be required to account for the use of all funds received under the program prior to the request for emergency assistance. The CAA or other non-profit agency shall evaluate the request for emergency assistance with the understanding that any benefits previously provided to the client under this section or 5:49-3.1, Automatic payments to certain households--DFD, and 5:49-3.2, Applications--DCA/CAA, were intended to defray the cost of home heating fuel for the current heating season or to defray heating costs which are included in a monthly rental charge.

5. The CAA or other non-profit agency shall, no later than 48 hours after a household or its representative signs the declaration of energy emergency, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits.

6. The CAA or other non-profit agency shall also, not later than 18 hours after a household or its representative signs the declaration of energy emergency, provide some form of assistance that will resolve the crisis if such household is eligible to receive such benefits and is in a life-threatening situation.

7. All emergency energy assistance is subject to the availability of funds.

8. Emergency energy assistance will be authorized only during the months of December, January, February, March and April. Emergency assistance will be available for all fuel sources except electric and gas until March 15. Utility and gas emergencies will be available until April 30.

(b) It is intended that emergency energy assistance be authorized in the form of a direct payment to the fuel vendor from the HEA Program. If a direct transfer is not possible, a two-party check will be issued to the client and the fuel vendor. The CAA or other non-profit agency will subsequently be reimbursed by DCA for such payments.

1. Direct payments in the form of a single party check may be made to clients to purchase wood or coal.

(c) Emergency purchase of fuel:

1. The CAA or other non-profit agency is authorized to issue an emergency payment for the purchase of fuel oil or other fuel used for residential heating.

2. Emergency purchase of fuel shall only be authorized for households which are directly responsible for payment of fuel costs associated with residential heating.

3. The client shall be required to provide the CAA or other non-profit agency with a receipt for fuel purchased with emergency energy funds.

(d) Emergency energy assistance for specific services:

1. Emergency energy assistance is authorized through the CAA or other non-profit agency when a household is without heat or is in danger of being without heat. Payments for the following services shall only be authorized for a household if the household owns and resides in the residence requiring the service:

i. Furnace repairs up to $ 1,000 are authorized when an HEA eligible household that pays a fuel supplier directly for their primary source of heat is in need of furnace repair to prevent homelessness or where assistance for furnace replacement is not available through the New Jersey Department of Community Affairs (DCA) Weatherization and Furnace Retrofit Programs.

(1) HEA funds are not intended to supplant or supplement existing services available through DCA and are to be considered assistance to the homeowner to prevent homelessness only.

(2) CAAs or other non-profit agencies shall obtain written estimates of necessary repairs prior to authorizing payment.

(3) Once payment is authorized, an itemized receipt for furnace repair services shall be included in the HEA case record.

ii. Correction for infiltration of cold air (not to exceed $ 100.00).

2. Payment for the following service may be authorized for households which are directly responsible for payment of the cost of the primary heating fuel for the residence requiring the service, regardless of whether the household owns the residence.

i. Furnace restart not to exceed $ 100.00.

(e) Emergency temporary rehousing:

1. Payment may be authorized by DCA for the actual cost of adequate emergency shelter arrangements for HEA eligible households which have been temporarily rehoused due to an energy related emergency.

2. This assistance may be necessary in situations in which there is no heat in an apartment building and all of the tenants must be evacuated and temporarily resettled.

3. The CAA or other non-profit agency will be reimbursed retroactively for emergency rehousing assistance provided to eligible households.

4. The CAA or other non-profit agency is responsible for evaluation of the situation and determination of the appropriateness of reimbursement from program funds. Reimbursement shall be authorized for a specified temporary period consistent with N.J.A.C. 10:90-6.

5. If in an energy related emergency the CAA or other non-profit agency finds it necessary to reestablish an HEA eligible household in a new permanent living arrangement, the CAA or other non-profit agency may request reimbursement from Home Energy Assistance funds for payments made for security and/or utility deposits.

(f) Emergency assistance benefits to prevent eviction:

1. Payment may be authorized to eligible households facing eviction due to non-payment of rent or mortgage arrears whose heating costs are included in a single monthly rental charge or mortgage payment, or who pay only for a secondary source of heat, or who pay a separate charge to their landlord for heat. Authorization for such assistance must be approved by the Department of Community Affairs. Payment may be approved only when the household has been denied rehousing through WFNJ/emergency assistance (EA) through the CWA or the municipal welfare agency.

2. Emergency assistance to prevent eviction may not exceed the difference between the amount of the HEA entitlement for the program year and $ 1,400, and shall be the lowest amount necessary to prevent eviction from the residence.

3. The applicant household must have received official documentation of pending eviction due to non-payment of rent, such as a tenancy complaint filed by the landlord or an order for eviction from the courts. The assistance available must be sufficient to prevent eviction. Households which have already been evicted are not eligible for this assistance.

(g) Restoration or maintenance of utility service:

1. Emergency energy assistance may be granted by a CAA or other non-profit agency to restore or maintain utility service for an eligible household under the following conditions:

i. The service provided by the utility is essential to the maintenance of the household's heating source;

ii. The household must have received a termination of service notice or have actually been shut off;

iii. The utility company agrees to restore or maintain service but requests a fee for reconnection;

iv. The household is without the means to pay the reconnection fee;

v. The household is directly responsible to the utility for payment of the bill;

vi. The total amount of the emergency payment may not exceed $ 400.00 which includes the emergency purchase of fuel and the reconnection fee; and

vii. The CAA or other non-profit agency must verify with the utility that the amount of the available emergency payment will be sufficient to restore or maintain service.

2. If the request for emergency assistance is made while the Board of Public Utilities Order regarding the winter termination program (moratorium) is in effect, the household must document that appeal to the Board has been unsuccessful.

3. If the utility requires a minimum payment in the amount greater than $ 400.00 to restore or maintain service, prior to issuing the emergency payment, the CAA or other non-profit agency shall require the household to show proof that the household has funds to pay or has paid the excess amount prior to issuance of the emergency payment.

4. If a household which heats by fuel oil must have utility service reconnected to start the fuel burner, emergency energy assistance may be granted for the utility reconnection necessary to restart the fuel burner and for an emergency fuel oil delivery. The total amount of the emergency payment in such instances may not exceed $ 400.00. The maximum payment for utility reconnection may not exceed $ 100.00. If a household which heats by fuel oil has used its HEA benefit check to purchase oil or already has oil but needs utility reconnection to start the fuel burner, emergency energy assistance may be granted for such utility reconnection but may not exceed $ 100.00.

N.J. Admin. Code § 5:49-3.4

Amended by R.1982 d.497, effective 12/30/1982.
See: 14 N.J.R. 1311(a), 15 N.J.R. 92(c).
Originally filed as an emergency adoption (R.1982 d.412) on November 1, 1982. Readopted as R.1982 d.497. Requirement to account for fuel funds already received and to provide receipt for fuel purchased with emergency funds.
Amended by R.1983 d.465, effective 10/17/1983, operative November 1, 1983.
See: 15 N.J.R. 1338(a), 15 N.J.R. 1768(c).
Deletion of requirement of CWA to obtain prior approval from DPW for second emergency payment.
Emergency amendment and concurrent proposal amended, R.1984 d.538, effective and operative November 1, 1984 (expires December 31, 1984).
See: 16 N.J.R. 3217(a).
(a)3: Added "150.00 for the ... or natural gas."
Emergency amendment readopted R.1985 d.5, effective 1/2/1985.
See: 16 N.J.R. 3217(a), 17 N.J.R. 310(a).
Amended by R.1985 d.492, effective 10/7/1985.
See: 17 N.J.R. 1737(a), 17 N.J.R. 2441(a).
Deleted "up to 150 gallons of" and "its equivalent in."
Emergency Amendment, R.1985 d.539, effective 10/28/1985 (operative November 1, 1985, expires December 27, 1985).
See: 17 N.J.R. 2791(a).
Substantially amended.
Readopted amendment R.1985 d.708, effective 12/24/1985.
See: 17 N.J.R. 2791(a), 18 N.J.R. 194(a).
(e)4 amended.
Amended by R.1986 d.450, effective 11/17/1986.
See: 18 N.J.R. 1676(a), 18 N.J.R. 2328(a).
(a): Deleted "income" and substituted "HEA".
(a)1: Added text "and the household has insufficient funds on hand to purchase fuel."
(e)4: Substituted "two calendar months" for "60 days".
Emergency Amendment, R.1987 d.496, effective 10/28/1987 (operative November 1, 1987, expires December 27, 1987).
See: 19 N.J.R. 2208(a).
Substantially amended.
Adopted Concurrent Proposal as R.1988 d.46, effective 12/24/1987.
See: 19 N.J.R. 2208(a), 20 N.J.R. 291(b).
Amended by R.1988 d.482, effective 10/17/1988 (operative November 1, 1988).
See: 20 N.J.R. 2577(a).
Added (a)5-6 and renumbered existing 5.-6. to 7.-8. Added new (d)1i and new (f). Renumbered (f) to (g).
Amended by R.1990 d.315, effective 6/18/1990.
See: 22 N.J.R. 599(a), 22 N.J.R. 1939(a).
Stylistic revisions.
Administrative Correction to (f)2.
See: 24 N.J.R. 1502(a).
Emergency Amendment R.1992 d.517, effective 12/8/1992, operative January 1, 1993 (expires February 6, 1993).
See: 24 N.J.R. 4593(a).
Utility and gas emergency assistance extended to April 30.
Adopted concurrent proposal, R.1993 d.97, effective 1/28/1993.
See: 24 N.J.R. 4593(a), 25 N.J.R. 997(a).
Provisions of emergency amendment, R.1992 d.517, adopted without change.
Emergency amendment R.1996 d.322, effective 6/19/1996 (to expire August 18, 1996).
See: 28 N.J.R. 3673(a).
Added (a)9.
Emergency amendment R.1996 d.322, expired August 18, 1996.
Emergency amendment R.1997 d.149, effective 2/25/1997 (to expire April 26, 1997).
See: 29 N.J.R. 940(a).
Substituted "CAA or other non-profit agency" for "CWA" throughout; in (a)4, inserted references to DFD and to DCA/CAA; in (b), substituted "DCA" for "DFD"; and in (c)1, added last sentence.
Adopted concurrent proposal, R.1997 d.207, effective 4/25/1997.
See: 29 N.J.R. 940(a), 29 N.J.R. 2473(a).
Emergency amendment R.1997 d.333, effective 7/15/1997 (expired September 13, 1997).
See: 29 N.J.R. 3504(a).
Added (a)9.
Emergency amendment R.1998 d.469, effective 8/14/1998 (expired October 13, 1998).
See: 30 N.J.R. 3333(a).
Added (a)9.
Emergency amendment R.1999 d.303, effective 8/10/1999 (to expire October 9, 1999).
See: 31 N.J.R. 2648(a).
In (a), added 9.
R.1999 d.303 expired October 9, 1999. Deleted (a)9.
Emergency amendment, R.2000 d.160, effective 3/23/2000 (to expire May 22, 2000).
See: 32 N.J.R. 1426(a).
Added (h).
Emergency amendment, R.2000 d.160, expired May 22, 2000.
Deleted (h).
Amended by R.2005 d.130, effective 5/2/2005.
See: 37 N.J.R. 18(a), 37 N.J.R. 1518(b).
Rewrote the section.