(a) A family that consists of one or more elderly, near-elderly or disabled persons may request that the PHA approve a live-in aide to reside in the unit and provide necessary supportive services for a family member who is a person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR part 8 to make the program accessible to and usable by the family member with a disability. (See § 982.402(b)(6) concerning effect of live-in aide on family unit size.)
(b) At any time, the PHA may refuse to approve a particular person as a live-in aide, or may withdraw such approval, if:
(1) The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;
(2) The person commits drug-related criminal activity or violent criminal activity; or
(3) The person currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.
[63 FR 23860, Apr. 30, 1998; 63 FR 31625, June 10, 1998]
Notes of Decisions
Samuel v. The Delaware Cnty. Hous. Auth. (E.D. Pa. 2023).
· cites it 8× “Samuel brings federal and state law claims alleging: (1) violations of the Fair Housing Act (“FHA”); (2) violation of 24 C.F.R. § 982.316 , concerning the approval of live-in aides by public housing agencies; (3) violations of the Americans with 1 Ingerman represents in its…”
Samuel v. The Delaware Cnty. Hous. Auth. (E.D. Pa. 2023).
· cites it 2× “”5 24 C.F.R. § 982.316 (a). A PHA “must approve a live-in aide if needed as a reasonable accommodation” under the Department of Housing and Urban Development’s (“HUD”) regulations “to make the program accessible to and usable by the family member with a disability.”
Michel-Wiggins v. Jes Holdings LLC (E.D. Mo. 2025).
“See 24 C.F.R. § 982.316 (a). Plaintiff’s allegation that she provided defendants with “documentation from her health care provider which verified Plaintiff’s need for a live-in aide” does not plausibly allege that the housing authority approved a live-in aide.”
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