If a rule or policy is creating a problem with being able to get the care you need, you have the right to request an exception to the rule.
You ALWAYS have the right to request an exception to ANY local housing program policy. Don’t listen to any housing worker who tells you that you can’t request this. You can ALWAYS request.
That does not mean the housing program has to grant your request. However, if the request is properly documented, they must consider it and must have a valid reason to approve or deny.
How to Make the Request
A request for an exception to live in aide policies would be made in the same way as any other accommodation request: How to Request Disability Accommodations in HUD Housing
It would be helpful to include a quote or copy of the HUD policy on this (see bottom of this page)
It is probably better if you don’t mix this request in with other requests. A request for an exception to a live in aide policy would be a separate request made on a separate form with a separate providers letters attached.
A request for a LOCAL policy created by your Housing Authority is something they would have the power to approve.
A request for a FEDERAL policy would have to be approved at a higher level. We have not met anyone who has attempted this.
Example of Request for Exception to Live in Aide Policies
Jane’s housing authority has a local rule that an aide will only be approved if the person needs care 12+ hours per day. There is no federal rule that states this.
Jane’s doctor writes that she needs care 6 hours a day. Jane submits a request for a live in aide, but this request is denied.
Jane can submit an additional reasonable accommodation request asking for an exception to the 12 hour rule. Jane and her doctor would explain why an exception is needed. For example: If Jane needs assistance for ten minutes once every hour, even though the total time does not add up to 12 hours, she might still require a live in aide because of the frequency of care.
In a case like Jane’s, her request for a policy exception might be granted. If it was not granted, Jane would have a very valid reason to file a Fair Housing complaint, and request an investigation and review of the decision. There are no federal rules or laws that state an aide must be needed 12 hours per day, and a housing program that denies for this reason could be seen as discrimination.
From the HUD Housing Voucher Guidebook:
A family may always request a reasonable accommodation to program rules, policies, practices, or services, including to the live-in aide policy, to permit program participation by individuals with disabilities. A family’s composition or circumstances may warrant the provision of an additional bedroom to permit disability-related overnight care and allow the family equal use and enjoyment of the unit. Such limited exceptions to the established subsidy standards are permitted under 24 CFR § 982.402(b)(8). The PHA must consider requests for an exception to the established subsidy standards on a case-by-case basis and provide an exception, where necessary, as a reasonable accommodation. A reasonable accommodation request may only be denied if it would impose an undue financial and administrative burden on the housing provider or fundamentally alter the nature of the provider’s operations. The PHA shall document the justification for all granted exceptions.
🌸 This page is part of the online guide: Epic Master List of Disability Accommodation Letters
🌸 Facebook Group: HUD and Section 8 Disabled Residents & Family Members
Updated February 2020. Please comment below with stories, ideas, questions or suggestions. Please let us know if any links on this page stop working. If you found this page helpful, please share it with others by pressing one of these magic little buttons: