Having a live-in aid in your home can be a great way to get the care you need while you’re still living at home. Whether you’re a busy parent, a spouse with a new baby, or simply want to live independently, a live-in aide can help you live your best life.
A resident filed a lawsuit against a live-in aide
Among the many challenges faced by a senior citizen or disabled Section 8 tenant, finding a live-in aide can be a daunting task. The HUD handbook defines a live-in aide as a person who is a relative, or a family member. The aide may or may not be physically present in the residence, but must be available and available at all times. Ideally, the aide may be certified as such by a state licensed physician. Alternatively, the aide may not be certified as such, but may be certified by an independent choice program. Regardless, the aide is a valuable asset to the resident.
A lawsuit was filed against the community in which the aide was located, alleging the company failed to provide reasonable accommodation relating to a senior citizen’s needs. The resident was a quadriplegic and required care for dressing and administering medication. A caregiver had to commute to the residence on a daily basis and had to transport food and medicine to the resident’s room. The aide also had to be monitored for choking and other potential hazard situations.
The community had a plethora of documents in support of the requested reasonable accommodation, including a doctor’s note describing the benefits of a live-in aide. Fortunately, the resident had the foresight to seek legal counsel to ensure a fair shake. The court agreed, albeit only in the most basic sense. The court also found that the community had acted in good faith and had not acted in bad faith.
Requirements for a live-in aide in subsidized housing
Those looking for subsidized housing in the United States can qualify for a live-in aide if they are physically or mentally disabled. The Federal Department of Housing and Urban Development (HUD) requires property owners to provide reasonable accommodations for disabled individuals. However, owners are free to waive certain screening criteria. In addition, certain affordable housing programs raise rents for tenants who receive assistance.
A live-in aide is a family member who lives with a disabled individual and provides supportive services. The live-in aide must meet HUD requirements and meet the property screening criteria.
The live-in aide is entitled to a bedroom of his or her own. However, the tenant should not receive occupancy if the unit is overcrowded or there is not an alternative bedroom available. If the live-in aide is unable to receive services or is no longer required, the owner should evict the aide.
The Fair Housing Act requires that tenants receive an aide if they are physically or mentally handicapped. In order to qualify, the tenant must provide proof of a disability. They must also provide a verification of need from their physician. The physician must write a letter on official letterhead, stating that the person requires assistance with the activities of daily living.
Live-in aides are not guaranteed a housing voucher, but can be compensated for their services. In addition, the income from the aide is not counted in the household’s income. This is a benefit to the tenant, as it allows them to pay less for care than in a nursing home or assisted living facility.