The Trainer

Handling Requests for Live-In Aides, Setting Policy for Community Room Use

In this month's feature, we discussed what you need to know about complying with HUD rules regarding a household's request for a live-in aide. In general, HUD requires you to consider requests for live-in aides, verify the need for the aide, and, if verified, approve such requests. Verifying the need for the aide and making sure the individual who will serve as the aide is qualified to do so are keys to compliance, because specific rules apply to households with qualified live-in aides.

Handling Requests for Live-In Aides, Setting Policy for Community Room Use

In this month's feature, we discussed what you need to know about complying with HUD rules regarding a household's request for a live-in aide. In general, HUD requires you to consider requests for live-in aides, verify the need for the aide, and, if verified, approve such requests. Verifying the need for the aide and making sure the individual who will serve as the aide is qualified to do so are keys to compliance, because specific rules apply to households with qualified live-in aides. For example, such households are eligible for and, in fact, can insist on your providing them with larger units to accommodate the aide. However, the aide's income cannot be included in the rent calculation for the household.

In our article on community room use, we discussed how important it is to provide equitable access to your site's common areas and community room to all your residents. Under the Fair Housing Act, owners are prohibited from discriminating against residents in the use of housing amenities and facilities such as community rooms. Specifically, under the HUD Handbook, site owners “may not reasonably withhold the use of community rooms or other available space.” In addition, you may charge a fee for such use only if you normally charge for the use of such space.

 

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

A live-in aide is a person who resides with one or more elderly persons, near elderly persons, or persons with disabilities, and who ordinarily would not be living in the unit. True or false?

  1. True.

  2. False.

QUESTION #2

Fill in the blank: Verification that the live-in aide is needed to provide the necessary supportive services essential to the care and well-being of the resident must be obtained from the resident's ______________.

  1. Closest family relative.

  2. Live-in aide.

  3. Physicians, psychiatrist, or other medical practitioner or health care provider.

QUESTION #3

If the individual needing supportive assistance no longer requires the aide's services, the live-in aide may still qualify for continued occupancy. True or false?

  1. True.

  2. False.

QUESTION #4

Fill in the blank: It is advisable to develop a standard form to send to a resident's health care provider for live-in aide verification purposes because ______________.

  1. A standard form helps to ensure that you treat each request for a live-in aide the same and that you get exactly the information you need for verification.

  2. A standard form can be more easily photocopied.

  3. A standard form requires only minor modifications in case you want to tinker with it.

QUESTION #5

In general, you should give priority for the use of community rooms in which order?

  1. Outside organizations, residents, those assisting residents.

  2. Residents, those assisting residents, outside organizations.

  3. Residents, outside organizations, those assisting residents.

QUESTION #6

When developing a policy on community room use, you should be as specific as possible in terms of provisions and issues. True or false?

  1. True.

  2. False.

QUESTION #7

Fill in the blank: When an outside organization makes a request to use a community room, you should ______________:

  1. Never charge a fee.

  2. Employ a range of fees, if appropriate.

  3. Deny the request.

QUESTION #8

It's good policy to let residents use community rooms whenever feasible and appropriate. True or false?

  1. True.

  2. False.

 

ANSWERS & EXPLANATIONS

 

QUESTION #1

Correct answer: a

In the HUD Handbook, a live-in aide is defined as a person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who would not be living in the unit except to provide the necessary supportive services.

QUESTION #2

Correct answer: c

Only a licensed medical care provider can supply the verification required by HUD that the live-in aide is needed to provide the necessary supportive services essential to the care and well-being of the resident.

QUESTION #3

Correct answer: b

The live-in aide qualifies for occupancy only as long as the individual needing supportive services requires the aide's services and remains a resident. The live-in aide may not qualify for continued occupancy as a remaining family member. Owners are encouraged to use a lease addendum that denies occupancy of the unit to a live-in aide after the resident, for whatever reason, is no longer living in the unit. The lease addendum should also give the owner the right to evict a live-in aide who violates any of the house rules.

QUESTION #4

Correct answer: a

A standard form will prevent the health care provider from giving you more information than is appropriate or leaving out essential information you need. When a resident makes the request for a live-in aide, you can explain that you need to verify specific information with his or her health care professional, and that you do so for all such requests.

QUESTION #5

Correct answer: b

It's usually best to give priority to your own residents for use of community areas. You may receive requests from home health organizations and senior services groups, but your residents should take priority in terms of usage.

QUESTION #6

Correct answer: a

Being specific about the terms of community room access and usage when you first write your policy prevents misunderstandings that could lead to discrimination complaints or frequent revisions of the policy.

QUESTION #7

Correct answer: b

In general, it's best to charge a range of fees for community room use by outside organizations. Residents usually aren't charged for their use of the space, provided they leave the facility in satisfactory condition.

QUESTION #8

Correct answer: a

It is good policy to make the best use of your community space. It can make your site more marketable. Remember, your residents have limited living space in their units and deserve to have access to the community room for appropriate, personal use.

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