JALA helps tenant with disabilities keep live-in aide
“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.