Judge Faults Welfare Director for Woman’s Eviction

NORTH WILDWOOD — An administrative law judge has decided that this city’s welfare board mishandled a recent case involving the placement of an unemployed, disabled woman who was receiving public housing assistance.
A North Wildwood official said the city would work to rectify the situation.
In a Dec. 30, 2009 decision, Administrative Law Judge William Todd Miller said that North Wildwood Welfare Director Mel Atwood acted inappropriately on Sept. 1 last year when he informed the woman (unnamed for privacy) that she would no longer receive general or emergency assistance from the city.
Atwood said the ineligibility was because the woman moved from the residence where she was placed.
According to court documents, the woman had “severe disabilities.” She was diagnosed with disillusional disorders and physical disorders, including a bad back, and has also suffered a stroke and heart attack.
From January to December 2009, the woman lived at 101 E. Cresse Avenue, Wildwood in an apartment owned by John Pietrafitta Jr., of Philadelphia.
Pietrafitta told the Herald that Atwood took the woman apartment shopping last January. She liked Pietrafitta’s apartment and moved in right away.
“I was asked by Mr. Atwood to rent my apartment to an individual who was in desperate need of a place to live,” Pietrafitta told the Herald. He was paid $50 per day for the apartment by Atwood because the woman was receiving emergency assistance from the city.
Everything was going fine until September, when Atwood said he would no longer pay the woman’s rent, according to Pietrafitta, who also said that Atwood told him that he should file eviction papers in Wildwood courts to have her removed from the apartment.
“I didn’t want to evict her, but Mr. Atwood said he wouldn’t pay her rent anymore and eviction was my only option,” Petrafitta said. “I felt so bad for her, she has no one. I actually helped her move when the eviction order came in.”
The woman was forced to move against her will and Pietrafitta is out $3,800 in back rent that was promised by Atwood.
“That doesn’t include court costs and time off from work,” Pietrafitta said. “Mr. Atwood had no grounds to stop the payments. He decided that the tenant was on the system too long and just didn’t want to issue anymore checks for my tenant’s rent.”
This case has a long history.
According to court records, the woman lived in an affordable apartment in North Wildwood from February 2006 through January 2009. Despite North Wildwood having its own welfare board, the woman’s case was handled by the county Board of Social Services through November 2008, when it was finally transferred to Atwood and the city’s welfare board.
When the case was transferred, Atwood refused to pay the rent. He explained during a hearing that he had been working directly with the landlord and he wanted her out of the North Wildwood property.
Atwood assisted the landlord’s effort to remove petitioner from her home by not paying her rent. The woman was evicted and set up with temporary accommodations in the Economy Motel in Rio Grande.
After a short time in the motel, the woman moved into Pietrafitta’s Wildwood apartment, where she lived for nine months.
“Suddenly, and unexpectedly, the North Wildwood Municipal Welfare Department breached the agreement and terminated petitioner’s continued benefits,” according to Judge Miller.
As previously stated, Atwood claimed he stopped paying rent because she moved, however the record stated that “during the hearing in this docketed case, petitioner testified that she did not move…Further, Mr. Atwood acknowledged that petitioner did not move…It was undisputed that petitioner had not moved.”
“Consequently, the notification form prepared and submitted by the North Wildwood Municipal Welfare Department dated September 1, 2009, is false and misleading,” the judge stated.
The judge noted that Pietrafitta was ready, willing and able to continue petitioner’s residency, but Atwood abruptly discontinued the payments.
After the woman was evicted from Pietrafitta’s apartment at Atwood’s suggestion, she was temporarily placed at another Rio Grande motel through assistance provided by the county welfare office, pending the outcome of this case.
Based on the facts of the case the judge concluded that the woman did not move.
“In fact, Atwood, the representative for the MWD (North Wildwood Welfare Department), was fully aware that petitioner had not moved,” the judge stated.
“Atwood’s conduct in this case is troubling,” the judge added, noting that Atwood terminated the woman’s benefits under false pretenses.
The judge was also concerned with Atwood’s conduct in conspiring with the original landlord in North Wildwood to have the woman evicted.
The judge ordered that the county handle the case from now on.
“It would be irresponsible of this ALJ (Administrative Law Judge) to order that this matter remain under the stewardship of the MWD (North Wildwood) in light of the history and mistreatment visited upon petitioner,” the judge stated.
The judge also ordered that the Division of Family Development investigate whether Atwood has violated his duties and responsibilities as a representative for the North Wildwood Municipal Welfare Department.
The judge noted that Atwood and the county board had a history of disagreement including another case in which Atwood unreasonably denied benefits to a client who suffered from psychoses, anxiety and depression.
“This is the second case involving a severely disabled client where Atwood engaged in underhanded efforts to remove the client from North Wildwood,” the judge stated.
Atwood declined comment for this story. He directed the Herald to North Wildwood Administrator Raymond Townsend.
“We certainly understand the judge’s position and will do anything we can to correct the situation,” Townsend told the Herald.
Contact Hart at (609) 886-8600 Ext 35 or at: jhart@cmcherald.com