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DOWELL v. COMMISSIONER OF TRANSITIONAL ASSISTANCE

424 Mass. 610 (1997)

AUDREY DOWELL & others v. COMMISSIONER OF TRANSITIONAL ASSISTANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 21, 1997.

Attorney(s) appearing for the Case

Peter Sacks, Assistant Attorney General (Mary E. Murphy-Hensley, Assistant Attorney General, with him) for the Commissioner of Transitional Assistance.

Steven J. Valero (Richard M. W. Bauer & Elizabeth E. Crimmins with him) for the plaintiffs.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

ABRAMS, J.

We consider the facial validity of a regulation promulgated by the Department of Transitional Assistance (department) which provides that persons who have been evicted from public or subsidized housing for nonpayment of rent are ineligible to receive benefits under the Commonwealth's emergency assistance (EA) program. See 106 Code Mass. Regs. § 309.040 (A) (1) (c) (1995).2 The...

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