533 A.2d 794 | Pa. Commw. Ct. | 1987
Opinion by
The Pennsylvania Housing Finance Agency denied H. James Willard, Jr., emergency mortgage assistance under the Homeowners Emergency Mortgage Assist
Willard, a Fellow Scientist at the Bettis Atomic Power Laboratory, resigned in July 1983 because his career objectives could not be realized and because of his disagreement with his employers managerial philosophies. After initial employment searches in the physics field proved unsuccessful, Willard started a publishing business and authored three books on education.
With financial assistance from his children, the return of his wife to the work force, and borrowing from his life insurance and pension funds, Willard managed to make monthly payments on all debts, including his mortgage liability, until February 1986. At that time Willard decided to discontinue mortgage bill payments. He reasoned that the equity in his home would sufficiently protect the mortgagee.
The hearing examiner affirmed the agency’s conclusion that Willard’s arrearage was not due to “circumstances beyond his control.” Section 404-C(a)(4) of Act 91.
The aforementioned findings of feet demonstrate that the Appellant consciously resigned from employment with a pay level sufficient to maintain the mortgage, thereby occasioning this mortgage delinquency. Moreover, he has voluntarily decided to maintain his other obligations while permitting the mortgage to go deeper in to default. Accordingly, ‘these circumstances are not beyond mortgagor’s control.’
Our scope of review of a final administrative adjudication is limited to a determination of whether constitutional rights were violated, an error of law was committed, or the findings are not supported by substantial evidence. Johnson v. Pennsylvania Housing Finance Agency, 99 Pa. Commonwealth Ct. 77, 512 A.2d 1319 (1986).
After a thorough review of the record developed below, we conclude that Willards constitutional rights were unabridged and that the hearing examiner committed no error of law in denying emergency mortgage assistance.
Agency regulations
A hearing examiner has the duty to conduct a fair and impartial hearing. 1 Pa. Code §35.186. Herein, Willard testified as to the filing of complaints with the employer but noted that they were reviewed and not acted upon. Hence, we believe that the production of
Willard next contends that the examiners financial focus on his corporate employment rather than his private publishing adventure violates “equal protection” of law. Again, this argument is misplaced. A morgagors employment record is a valid element to be reviewed by the agency. Section 404-C(a)(10) of Act 91.
Finally, Willard contends that his fiscal actions, i.e., paying all debts except mortgage because equity would protect the mortgagee, were responsible. We need not address this contention since his financial incapacity resulting from his resignation constitutes a valid reason to deny assistance. Section 404-C of the Act.
Affirmed.
Order
The order of the Hearing Examiner in the above-captioned matter, dated December 12, 1986, is affirmed.
Act of December 3, 1959, P. L. 1688, as amended, added by the Act of December 23, 1983, P.L. 385, as amended, 35 P.S. §§1680.401c — 1680.410c.
Added by Section 2 of the act of December 23, 1983, as amended, 35 P.S. §1680.404c(a)(4).
16 Pa. Code §40.207(f).
2 Pa. C. S. §§501—508, 701—704. Hearings must also be conducted in accordance with the General Rules of Administrative Practice and Procedure. 1 Pa. Code §33.1 to 35.256.
35 P.S. § 1680.404c(a)(10).