Claiming Son as Live-in Aide
Q A resident has been living in our Section 8 building for over 20 years. She now wants to claim her son as her live-in aide. Can she do this? What do I need to do?
A Live-in aides must be screened according to HUD's requirements for drug and criminal background data, and are subject to the site's screening process, except that aides cannot be screened on the basis of nonpayment of rent since they are not responsible for the unit rent. Only an elderly, near-elderly, and/or disabled resident can have a live-in aide. A live-in aide cannot be a dependent. If it is a Section 202/8 site, an adult son can move into the unit only after initial occupancy as a live-in aide. Live-in aides are defined in the Handbook, Section 3-6(E). Be sure the son meets these criteria fully. HUD's screening requirements are set forth in Chapter 4. Moving a family member into a Section 202/8 site as a live-in aide is discussed in Chapter 7.
You must count a live-in aide as an occupant for the purpose of determining the appropriate unit size for the household, but you do not count the aide's income as part of household income for the purpose of determining rent. Be sure to code the live-in aide in the household composition section of the HUD-50059 correctly. An aide must be coded L to indicate that he is not part of the household for income purposes.