How to Request a Live-In Aide in HUD Housing

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Art: Robin Mead

A guide to requesting a live in aide in HUD, Section 8, Housing Vouchers, and other subsidized housing programs.

💕 If you are disabled, many affordable housing programs will allow a live-in aide if the aide is needed for your care.

💕 You and your doctor will need to verify that an aide is needed.

💕 If your child is disabled, you can request to have a live-in aide for your child.

💕 You select your own aide. It can be someone you already know, or someone new you hire.

Who Can Request a Live-In Aide

Live in aide can be requested for any adult or any child in your household. The person in need of an aide must be:

💕 Disabled or

💕 Elderly (62+) or

💕 Near elderly (50+)

💕 If you are not on Social Security disability, you may still be considered disabled under the Fair Housing Act definition of disability.

Will I Qualify for an Aide?

In order to qualify for your aide, you and your doctor must sign forms to verify that a live in aide “Is essential to your care and wellbeing.”

💕 Note: HUD rules for aides are different than the rules for other programs. If you were turned down from Medicaid home aide programs, you may still qualify for an aide through HUD.

Who Can Be My Aide?

You will need to make your own arrangements to find your aide. Your aide can be a friend, neighbor, or someone you hire. In some cases, your aide can be a relative. Your aide can be paid or unpaid. HUD has some rules and restrictions on who you can choose as an aide: Who Can Be My Live In Aide?

How Do I Request an Aide? 

Step One: Contact your housing worker and ask them for forms for applying for a live in aide. How to Fill Out Live in Aide Forms

Step Two (vouchers only): If you have a voucher, you will also need to get permission from your landlord. Some landlords will easily allow your aide if you just ask. Other landlords may have more rules. If the landlord does not wish to give permission, you can make a disability accommodation request for an exception to their rules.

Will My Aide Be Paid? 

HUD will not pay your aide, but will allow your aide to have their own bedroom. You can pay your aide yourself, or you can apply for a program to pay your aide, or your aide can be unpaid. HUD does not require that your aide be paid. (Obviously, if you can offer pay, this will make it easier to find an aide.)

Will My Aide Get a Bedroom? Will I Have to Move?

In most cases, your will be given an additional bedroom for your aide. You may need to move to a larger apartment or transfer to a larger apartment in your building. How Do Bedrooms Work For Live In Aides?

Will My Aide Pay Rent?

In most situations, aides do not pay rent, and their income will not be counted in rental calculations. There is an exception: Certain type of elderly buildings have special rules for adult children who are aides to their parents.

Will My Rent Go Up?

It depends on what type of housing assistance you have. If it is one of these types, your share of rent will not change: HUD apartment, housing voucher, Section 8, public housing, rural rental assistance.

Will My Voucher Change? 

If you have a voucher, your voucher will increase because of the extra bedroom. But you will not pay more. Your share of rent will stay the same: How Much Will My Housing Voucher Raise?

When Do I Request an Aide?

You can request an aide at any time. You can request an aide when your first apply, when you reach the top of the wait list, or after you move in.

Should I Include My Aide on My Application?

Good question. There are a few important things you need to know: If You are Applying for Housing

What Can I Do If The Forms I am Given are Unreasonable?

While most live in aide forms are reasonable, there are a few housing authorities in the country that make their forms so difficult and demanding no one would ever be able to get an aide. If you run into an unreasonable form: Unreasonable Live In Aide Forms

What Happens to My Aide if I Die or Leave?

Aides are not considered tenants and they do not have tenant’s rights on your voucher or housing assistance. If you pass away or move or go to a nursing home, your aide will not be able to keep the voucher or housing assistance.

What If I Want a Different Aide?

You can change an aide at any time. You can remove an aide from your housing assistance at anytime. Then you can add a new aide.

Some landlords charge a fee for changing an occupant on a lease. If needed, you can request an accommodation to change aides without a fee.

What If My Aide Won’t Agree to Leave?

This may be more complicated. You may have to follow housing laws. If your aide is being paid, you may also need to follow employment laws. In this situation, it would be good to contact legal aide for assistance.

Will My Aide Be On My Lease?

Most programs do not consider live aides to be tenants. They are typically added to your housing contract as a “household member” and listed on your lease as an “occupant” or “live in aide.”

Will My Aide Be On My Voucher? 

Aides will be listed on your voucher as “live in aides”, not as family members.

How Do I Include My Aide on My Housing Paperwork

Anytime you are filling out paperwork, make sure to write “live in aide” next to your aide’s name. Here’s an example of housing paperwork:

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Example: Tulip’s aide is her sister Daisy. She also lives with her husband. On her application she writes:

  • Tulip Flowers – Head of Household
  • Alder Trees – Spouse
  • Daisy Flowers – Live in Aide

How Do I Include My Aide’s Income?

You do not need to include any of your aide’s financial information on your paperwork. You can if you wish, but sometimes this leads to accidents and mistakes on your case. Here’s what some of our reader’s do instead: on the top of every financial page they write “Live in aide income excluded according to HUD policies. Live in Aide finances are not included on this form.”

Can My Aide Have a Family Member?

You Housing Authority may be able to approve your aide to have a child or other family member live with them. This additional person would not be able to have their own bedroom.

If your Housing Authority won’t approve this, you can try requesting it as a reasonable accommodation, particularly if you can show that this aide is the only/best person to serve as your caregiver, and the accommodation is necessary in order for you to have your care needs full met by the person most suited for this role (a doctor’s letter stating this would be helpful).

In your request, be sure to include and quote this sentence: “Although a live-in aide may have PHA-approved family members live with him or her in the assisted unit, no additional bedrooms may be provided for the family members of the live-in aide.” from Housing Voucher Guidebook – Chapter on Housing Search and Leasing

Additional Local Rules

Most housing programs only use the rules, listed above. However, some housing programs have created their own additional rules for live in aides. Examples of rules some programs have added:

  • Doctor’s form stating that you require x number of hours per day of care.
  • Doctor’s form stating that care activities must take place during overnight hours, and daytime aides would not meet your needs.

It is unclear whether all of these rules are in alignment with HUD policies and fair housing laws. If your aide is denied due to local policies, you may consider requesting a reasonable accommodation for an exception to the policy and/or filing a fair housing complaint for discrimination.

Learn more about: How to Request an Exception to HUD Live in Aide Policies

What Can I Do if My Live in Aide Request is Denied?

You can take a look here and try to decide if there was a problem with your application or a valid reason for a denial and if it something you can fix or change: How to Respond if Your Disability Accommodation is Denied

If the Housing Authority has a rule or policy that is keeping you from getting the care you need, you have the right to request an exception: How to Request an Exception to Live in Aide Policies

You can also contact these places for help: How to Get Help or File Complaints for Housing Problems

If the disabled person has developmental disabilities (autism, brain injury, cerebral palsy, down syndrome, spina bifida, intellectual disability, etc), also check out: How to Exclude Income from IHSS and Medicaid Homecare

Learn More

💕 Live in Aide Example: Jane and Sally live in a two bedroom apartment. Meet Jane and Sally (Section 8 Rent Example)

💕 Live in aide policies. While HUD live in aide policies are scattered, the most recent policies for live in aides and vouchers can be found in this document: Housing Voucher Guidebook – Chapter on Housing Search and Leasing

🌸 Wonderful help and assistance you may get from having a live-in home aide: 10 Secrets for People with Live-In Aides

🌸 All about Section 8: Section 8 Guide for the Disabled and Plucky

🌸 Looking for an aide? Where to Find Home Aides

🌸 Here’s a great fact sheet with more details on Live In Aides and Section 8

🌸 For more information on requesting disability accommodations and other things it might help you to know: Accommodations for People with Disabilities Who Live in Affordable Housing

🌸 Looking for an aide? How to Find Wonderful Housemates & Caregivers

🌷 Facebook Group: HUD and Section 8 for People with Disabilities (and family)

🌷 More Facebook Groups: Housing for People with Disabilities or Chronic Illness

What Do You Think? 

Please comment below with stories, ideas, questions or suggestions. Please let us know if any links on this page stop working.

Updated 2019. If you found this page helpful, please share it with others by pressing one of these magic little buttons:

33 thoughts on “How to Request a Live-In Aide in HUD Housing”

  2. If The Department of Human Services does not discriminate against one desiring to be certified as a personal assistant due to criminal record and it is left up to the discretion of the client for a background check to be performed, how does a client and worker use their rights to advocate against a property that does discriminate residency toward one who has a criminal record, has rehabilitated and there is a significant amount of since offenses.

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    1. Great question. One option would be a reasonable accommodation request based on this being the best suited person to be your aide.

      Would need a strong letter from doctor and/or social worker or other professionals verifying why this person is uniquely suited to fill the role, especially if the person is already serving as an aide and doctor feels that consistency in care is critical.

      Then I’d also enclose as much documentation as possible showing person’s rehabilitation. Letters of support from any case workers, agencies, parole workers, rehab programs, past landlords, employers, community leaders, etc, showing they are now stable, nonviolent, good tenant, etc.

      More info on requesting an accommodation is here. Hope this helps: howtogeton.wordpress.com/sample-disability-accommodation-letters-housing/

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  3. Hello, my name is Mase, i have a quick question. I have been living with my 103 year old grandmother for 15 years as her live in aid due to her severe Dementia. She has been on section 8 since 1975. She just recently died last week, how long do i have to vacate the property especially with this Pandemic going on and everyone unemployed at this time. What can i do to give myself some time to leave the landlord premises.

    Thank you very much for your consideration, during this trying time.

    Liked by 1 person

    1. I’m so sorry for your loss. I do not know the answer unfortunately. I believe you would have to check with her Section 8 worker and with the landlord. Once the section 8 stops, you may be able to still stay if you can pay the full rent, otherwise it would be normal eviction process. You could check with local legal aide organizations to see if your area has eviction protection rules in place right now.

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  4. Question – Can live-in aides be employed (other than for taking care of the person they are supposed to be caring for)?

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  5. My section 8 Choice Voucher Housing Authority is requesting income and bank statement information for my live-in aide. They say that even though it will not be included in my rent determination, they need it anyways. My live-in aide sees this as an invasive inquiry into his personal information especially where it is not necessary to determine my rent. He does not want to provide it to my housing authority. There is a release of information for all household members allowing verification of income and assets with a threat that if all household members do not sign it the result could be termination of my voucher. What should I do?

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    1. Hi Bruce,

      Someone else just asked this question this week. I am not certain what the answer is.

      If your aide is unwilling to give out financial info, you can try completing and submitting all forms with the words “live in aide income exempt/not included” everywhere it asks for financial info.

      The release of information form… that might be the same form used for criminal background checks. If it is, I am guessing the aide has to sign that.

      Submit your forms some way you can get a receipt (certified mail or bring it in and request a receipt). If they give you any problems, insist that you need a written decision and let them know you intend to appeal or file a fair housing complaint, and you need their decision IN WRITING.

      I don’t see how they could deny your right to have an aide… they could try to deny this particular aide, and then you could decide about appealing or filing complaints.

      A lot of HAs SAY they will deny something but once it’s in writing it turns into an approval 🙂

      Places where you can file complaints and/or ask questions on fair housing issues. Please keep us posted on how this goes.

      https://howtogeton.wordpress.com/get-help-or-file-complaints-for-hud-housing-problems-disability/

      Like

  6. I am currently applying to be a live in aid for my mother, the building manager says i only need to pass a background check but is asking me to fill out a full application for residency including financial information and rental history even though she says there is no credit check, is it appropriate she asks me for all this information because i am not really comfortable giving it.

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    1. For any financial questions, just write “live in aide, income and finances excluded” or put a star and write this on the bottom of the page.

      I’m not sure if you are supposed to answer rental history questions. You might be. Hope this helps.

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      1. Ok im not sure how to approach this because along with the application the manager gave me a letter saying that the application needs to be filled out completely and that even though they are only doing a background check they still require the financial information

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          1. Neither the letter or the application was specific for a live in aid, the application is the buildings generic rental application and the letter was a hand written letter from the building manager saying that even though they are just doing a background check that i am required to fill the application out completely, including the financial information.

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            1. Ok, well the HUD rules don’t address this very specific point, though you are the first person I’ve heard from who was asked for it.

              I would say it is up to you. You can…

              a – decide to give your financial info

              b – write “income excluded” and see what happens. if turned down, you can always appeal.

              c – enclose a note, “In accordance with HUD policies, my financial information is excluded and not listed on this application. If my application is denied for this reason, I will file a complaint with the HUD Office of Fair Housing and Equal Opportunity.” and then see what happens 🙂

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                1. Another option would be to email the building manager and also send it to their supervisor: “I am completing paperwork to be added as a live in aide as a reasonable accommodation for such and such tenant. I received a hand written note from the building manager requiring me to disclose my financial information. I would like to know if this request is in compliance with HUD policies and the Fair Housing Act. Could you please direct me towards information on which HUD policy your property is following in making this requirement. Thank you.”

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  7. My son take care of me. He knows all my issues what I need and how I like things. however he lives with me already. Section 8 is changing my unit size to a 1 bedroom which will make things very difficult for us. How can I get a 2 bedroom so that my son can have his own room, since he does so much for me and it’s only fair that he has a comfortable place to rest and private as well.rather, than having him sleep in the living room like HA wants him too, after all he will be working, going to school and helping me out at home with my health issues, pain, mediences, grooming, and household duties that I can’t do by myself.

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  8. Is disabled/senior housing always income based? My income is moderate by the HUD senior apartment standards in Arizona and I was told by the managers in two complexes so far that I will never get approved because only the lowest incomes are accepted and not by a person’s place on the waiting list. My application was refused by the manager when I met with her in person. I am in my late seventies and retired on SSDI. Also I would like to know if there are limits on assets for senior housing.

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    1. Each building will have it’s own rules. Some are lowest income only. Some are more moderate. It’s hard to give exact figures since the figures for low and moderate vary greatly by area.

      There is no asset limit, however a small portion of the assets count as income. Usually only 3% so unless someone is quite wealthy it does not have a huge impact.

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  9. Please can someone help? I just recently put in a reasonable accommodation request for extra bedroom for my live-in aid.My aid will live with me 3 days out of the week but she has her own place and and works as well. I just had a talk with the housing authority and they said she doesn’t qualify as live in because it will only be three days a week. Can someone please explain to me how HuD’s definition on live in aid says the aid Would not be living in the unit except to provide the necessary supportive services (You and your aide may be asked to sign forms to verify this) and There is no other reason for the aide to reside in the unit (For example: You may need to show that your aide has other options for stable housing and does not need to live with you)

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    1. Housing authorities almost always say no to accommodations when you just talk to them. You need a written decision.

      I suggest you write to them and request they send you a decision in writing. Let them know that you intend to appeal as well as file a fair housing complaint. Ask if they can please provide you with the rule or policy stating that an aide must reside full-time.

      If you do these things, they may just change their mind and approve you 🙂 If not, go ahead and appeal and put in the fair housing complaint. Please come back and let us know what happens. Hope it goes well.

      Another option is to request an ra for an exception to the guest policy, so that she can stay with you as a guest 3 days per week.

      I am not aware of any rule that requires a live in aide to be full time, but I don’t know all the policies for your local HA.

      If you are requesting an additional bedroom for the aide, it’s possible you might need to make an additional separate request for the bedroom, specifying why aide can’t sleep in living room, etc.

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      1. Thank you so much! I will put in additional requests so that I can get the care I need. My aid is willing to stay 4 days out of the week as long as she has a bedroom. I’m in desperate need of supervisory assistance due to constant complications for congestive heart failure and diabetic neuropathy and many other things. Unfortunately with the government shutdown HUD is shut down. So i can’t get clarification on what is considered a live in caregiver

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  10. THIS WAS VERY HELPFUL, I WAS WONDERING THOUGH WHAT PAPERS ARE REQUIRED AND RECERT FOR LIVE IN AIDE INFORMATION, DO I SEND OFF THE DISABILITY VERIFICATIONS TO DOCTOR AGAIN?

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    1. It depends on the housing authority. Most do not require recertification. If a new aide comes in, then the new person has to pass the criminal background check, but that is usually it. Hope this helps.

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  11. In Oregon opposite sex parent and child cannot share a room after they are a certain age usually around toddler age. so i guess it will be up to the program here if they will allow it.

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  12. i am being asked to be a live in aide in Oregon and i really want to do this to help my family member, however i have a 13 year old son, does that exclude me from the opportunity to help my family member?

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