The Court found the FHEO’s interpretation that spouses cannot qualify as live-in aides to be “plainly incorrect” and inconsistent with HUD regulation, handbook guidance, and case law regarding family members acting as live-in aides. Ultimately it will be up to each property owner whether or not to grant such requests.
Benefits
Alzheimer’s and dementia sufferers cannot manage on their own; thus requiring assistance from a live-in caregiver for daily activities like taking medications, visiting the bathroom and showering, preparing meals and doing laundry – not forgetting socialization opportunities and maintaining their homes clean!
Live-in aids offer much lower costs compared to regular shift caregivers who provide 24 hour care, as well as personalized and consistent assistance that allows medical issues to be identified more quickly, outings planned faster, transportation assistance organized more effortlessly, and serve as one point of contact for family members.
Owners must understand how live-in aides may impact their rental properties, especially those receiving government subsidized housing assistance. Learn how to qualify live-in aides so as to ensure tenant safety and compliance with affordable housing programs.
Responsibilities
Live-in aides often reside at their client’s home. Usually they share a room with the patient and rotate nights off between homes so both get a restful night’s rest. As caregivers, their duties include meal preparation and shopping as well as giving medication reminders as well as transportation assistance for recreational activities or medical appointments.
Disabled or elderly tenants in HUD-assisted housing developments such as Section 8 or 202 must be allowed to have family members serve as live-in aides in HUD developments; however, property owners must verify this arrangement is necessary by getting written approval from a physician, psychiatrist, or licensed healthcare practitioner.
Verification should confirm that an aide living in an apartment solely to provide care services to disabled tenants should only remain for as long as their services are needed by those requiring care.
Education Requirements
Healthcare careers offer tremendous opportunity, and this experience and connection building program gives those entering healthcare an ideal way to gain valuable skills and make essential contacts. Furthermore, living abroad at low costs allows participants to help those in need while offering some form of help themselves – however typically there will be no salary or pocket money as this isn’t considered a real job!
Property owners must understand that providing live-in assistance for disabled or elderly tenants is both a HUD and fair housing requirement. To meet this obligation, an official letterhead dated within 120 days must be provided from a physician or psychiatrist stating the need for an aide and that person meets Fair Housing Act criteria as handicapped or disabled. Furthermore, in Court analysis they established that FHEO’s conclusion that spouses cannot serve as live-in aides was “plainly erroneous”, in violation of regulatory definition of an Aid as well as HUD Handbook guidance as well as case law discussing family members serving as live-in aides.
Working Conditions
Live-in aids typically work 24-hour shifts to care for their client’s physical and emotional needs, including preparation of meals, bathing and grooming services, transportation assistance and household tasks such as laundry services or cleaning duties. She may also accompany them on appointments such as doctor or hair salon visits.
Mr. Johnson had submitted an accommodation request on February 12, with Mrs. Johnson as the subject. In his letter he included a Verification Form from a county health department health clinic showing she was disabled and needing the services of a live-in aide for equal enjoyment of his rental unit.
The Court found that FHEO’s interpretation of HUD regulations regarding live-in aides, specifically those regarding family members serving as live-in aides, was clearly inaccurate and out of step with both written guidance contained within HUD Handbook as well as case law on this topic. Furthermore, no deference was given to FHEO on this matter.