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How To Avoid Problems With Live-in Aides

How To Avoid Problems With Live-in Aides. Definition. A live-in aide is:

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How To Avoid Problems With Live-in Aides

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  1. How To Avoid Problems With Live-in Aides

  2. Definition A live-in aide is: “A person who resides with one or more elderly persons, near-elderly persons or disabled persons and who is determined to be essential to the care and well-being of the person(s), is not obligated for support of the person(s), and would not be living in the unit except to provide the necessary supportive services.” (Handbook 4350.3, par. 3-6(E)(3)(a)

  3. Elderly or Near Elderly • Elderly is 67 years old or older. • Near elderly is 50 years old or older. • HUD and Fair Housing Act require you to grant the request for a live-in aide as a reasonable accommodation.

  4. Do Not Count The Income of the Live-in Aide • When certifying or re-certifying a household’s income you must not count the live-in aid’s income (HUD Handbook 4350.3). • A live-in aide is not a household member • However, you will need to consider live-in aides when complying with occupancy requirements. So you should count aides for the purpose of determining the appropriate unit size, (Handbook 4350.3, par. 3-23€(6)(d).

  5. Always Verify Resident’s Need for Live-In Aide You will need to verify that the household member is considered disabled under the FHA and that the household member needs the live-in aide to accommodate their disability. The verification must come from the residents physician, psychiatrist, or other medical practitioner or health care provider. (Handbook 4350.3, par. 3-6 €(3)(a)(2)(a)

  6. Do Not Restrict Live-in Aides to Nonrelatives Don’t refuse a live-in aide request just because the aide is related to the household member making the request. Relatives of disabled household member can be live-in aides if they fit the Handbook’s definition and are not married to the person needing the supportive services. (Handbook 4350.3, par. 3-6 (E) (3) (a) (3) Have households added a family member as a live-in aide to try and get around the official requirements of adding a household member? The answer is yes. How does it benefit them? They can exclude the aides’ income and they can get a larger unit. But remember, relatives can be and many times are, legitimate live-in aides. This is why a solid and consistent verification process is so important. Always verify the need for the live-in aide.

  7. Illegal Drug Use and Criminal Activity Before an aide is able to move into a unit you must screen them for illegal drug use and other criminal activity including a state lifetime sex offender registration check (Handbook par. 4-7 (B) (5) and 7-11(C) (I). Can you deny a live-in aide the right to live in the unit? - Yes.

  8. Live-in Aide Agreement The resident and the live-in aide should be required to sign an agreement that makes it clear that the aide will not become a household member no matter how long they stay in the unit. This will prevent problems if the resident moves out or passes away. Without this, live-in aides may try to claim the right to stay in a unit even if the resident is no longer there.

  9. Treating Household Inconsistently This can get you into BIG Fair Housing trouble. That’s why you should have an established procedure and always follow it. If someone thinks that you are applying your live-in aide process more favorably to some households, other households may claim you illegally discriminated against them. Every aide is screened, every household with an aide signs an agreement and verify every households need for a live-in aide.

  10. Questions?

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