A person with disabilities and long-term tenant of a non-profit housing corporation refused to disclose the value of a Henson trust established for her care and maintenance when applying for annual rent subsidy assistance.
The housing corporation denied the application on the ground that the trust constituted an 'asset' under its Asset Ceiling Policy, making the application incomplete.
The majority of the Court held that a Henson trust — where the beneficiary cannot compel distributions and cannot unilaterally collapse the trust — does not constitute an 'asset' within the ordinary meaning of that term in the rental assistance application, as it is not property the beneficiary can use to discharge debts or liabilities.
The Court further held that the tenancy agreement imposed a contractual obligation on the housing corporation to consider a complete assistance application, which obligation was breached.
The appeal was allowed, declaratory relief was granted, and the issue of monetary remedy was remitted to the court of original jurisdiction.
