Opinion
May 12, 1986
Appeal from the Supreme Court, Kings County (Pino, J.).
Judgment reversed insofar as appealed from, on the law, without costs or disbursements, petition granted to the extent of annulling that portion of the determination which denied the petitioner's application for a shelter allowance for her children, and the respondents are directed to grant the petitioner's application for a shelter allowance for her children.
The 20-year-old petitioner and her two children lived with the petitioner's parents in a building owned by the petitioner's father. The petitioner had been receiving a grant of public assistance in the form of Aid to Dependent Children, as the payee for her two children. She then moved into a different apartment in the building, executed a lease with her father and sought a shelter allowance for the children. The State Commissioner affirmed the local agency's determination denying that request.
The denial of the shelter allowance without a finding of present lack of need of the children for such shelter was improper (see, Matter of Gunn v Blum, 48 N.Y.2d 58; Matter of Johnson v Blum, 83 A.D.2d 731, revd on other grounds 58 N.Y.2d 454), and was predicated upon an improper assumption that the children's grandparents were legally responsible for and would provide for their grandchildren's shelter (cf. Social Services Law § 101). Eiber, J.P., Kunzeman, Kooper and Spatt, JJ., concur.