(Photo not the client; name changed for privacy)
“Joseph,” who lives in federally subsidized housing, has had multiple strokes and is in on weekly dialysis. He is legally blind, cannot drive and needs an electric wheelchair to get around.
Having a live-in aide would help him live more independently in a stable environment. His choice of live-in aide was denied by his property management company because of a “derogatory, negative, or insufficient credit report and for having a credit score of 519.”
Under HUD regulations, negative credit is not a permissible reason for denying a live-in aide for a person with a disability. The regulations provide that a live-in aide does not have to meet tenant eligibility requirements. The rationale is that a live-in aide is not a tenant and does not receive a housing subsidy, because the rent is not calculated based upon the live-in aide’s income. A live-in aide merely makes it possible for the elderly, near elderly, or disabled individual to benefit from the housing program.
JALA attorney Suzanne Garrow sent a reasonable accommodation request pointing out the case law and regulations and got a call almost immediately from the president of the property management firm.
“He said he agreed with us 100% and retrained the person and reversed the decision so that the client can now have his live in aide of choice to help him remain stably housed,” Garrow said.
About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Aaron Irving, at (904) 356-8371, Ext. 363, or Aaron.Irving@jaxlegalaid.org.
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