Live-in aid can be an excellent way to provide elderly or disabled individuals with continuous care, often provided by family members who fulfill all necessary responsibilities of an aide. However, in order to qualify as such an arrangement they must fulfill specific responsibilities that correspond to what a live-in aide must perform.
Mr. Johnson claimed that management violated the Fair Housing Act when they denied him his request for a reasonable accommodation allowing Mrs. Johnson to serve as his live-in aide.
Benefits
Live-in aid allows elderly patients who require full-time care to remain in their own homes, helping to avoid disruption and confusion when being moved into new living arrangements. Furthermore, it provides them with one primary caregiver they can build relationships with – an especially crucial benefit when caring for patients suffering from Alzheimer’s or dementia who may struggle adjusting to different care providers coming and going.
Live-in aide services may be provided by either family or healthcare workers; either must not maintain separate residences and whose income relies solely on supporting the tenant’s income. A housing authority must verify that disabled tenants require such an aide in order to use and enjoy their unit properly.
Live-in aids offer a cost-effective alternative to assisted living facilities. Furthermore, families find it much simpler and convenient to visit their loved ones at home instead of traveling out to an assisted care facility or nursing home.
Requirements
Property owners may be taken by surprise when receiving requests for live-in aides without forms or policies in place to verify their need. It is essential to review such requests thoroughly, while understanding that living aides do not have to be professional caregivers.
If a tenant is elderly, near-elderly, disabled or qualifying for assistance due to disability, they may require the services of a live-in aide – this could be their spouse or another member of their family living with them in order to provide care and support services.
The Fair Housing Act, 24 C.F.R SS 5.403 and case law provide definitions of live-in aides. To assert that separated spouses cannot serve as live-in aides is completely inaccurate and cannot be justified given these definitions. Family members can serve in this capacity but all needs must be verified to meet HUD requirements before being permitted as live-in aides.
Working Conditions
Live-in aids are people who reside with clients and provide round the clock care without taking breaks, receiving compensation only at the end of each 24-hour shift. Thus, these caregivers may become quickly exhausted.
Live-in aides undergo the same home health care training as home health aides and are usually the first to notice changes in patients’ behaviors, offering consistency and reassurance throughout their day.
One disabled Section 8 resident requested his former partner be his live-in aide and claimed management was violating both Fair Housing Act and Section 504 of the Rehabilitation Act by rejecting this request for a reasonable accommodation. The Court, however, found that HUD regulations do not categorically exclude spouses and family members as live-in aides; further citing guidance in HUD Handbook as well as case law on family members serving as live-in aides.
Salary
Individuals in need of daily assistance often turn to live-in aides as a solution. The aide lives with them in their home to provide around-the-clock care and support; this could be provided by professional healthcare workers or family members such as adult children; these workers typically receive low wages but typically get free room and board and meals, with some families even offering gifts and bonuses as incentives for providing this caregiving role.
When applying for public housing or Section 8, an aide’s income is usually excluded from household income calculations. However, when working as live-in aides and renting HUD apartments they cannot be considered family due to not receiving salaries from HUD regulations; moreover their services were essential in maintaining disabled person’s health; therefore they deserved reasonable allowance.