Question:
Can an existing 65-year-old single resident (Joe) request to have their disabled adult child (Kim) move into the property?
Can Joe also request to be reclassified as the live in aide for Kim?
Does the availability of different unit sizes play any role in answering this question?
Answer:
This is a 3-part question. We will answer each part separately.
(4350.3 Paragraph 7-4.D and 7-4.E)
1. Whether or not an adult child is permitted to move into an elderly parent’s existing unit depends on the type of property Joe resides in.
A. If Joe resides at a family community, then yes, Kim can move into the unit.
B. If Joe resides in a Section 202/8 property, Kim, as an adult child is eligible to move into a Section 202/8 project after initial occupancy only if they are essential to the care or well-being of the elderly parent(s). That would not be the case in the scenario above. So, in this scenario, Kim would not be permitted to move in.
C. If Joe resides in a Section 202 or a Section 811 PRAC community, Kim, as the adult child is not eligible to move into a Section 202 PRAC or Section 811 PRAC after initial occupancy unless they are performing the functions of a live-in aide and are eligible to be classified as a live-in aide for eligibility purposes. So, in this case, Kim would not be permitted to move in.
2. With regards to reclassifying Joe from the Head of Household to the Live In Aide relationship code, the regulations are very clear. A new Head of Household cannot be named for a in-place household unless the current Head of Household moves from the unit or passes away. So, the answer to this question is no. (MAT 202D User Guide, MAT Section 3, Field 7 (relationship code), Change 4,5-9.B.2.Note)
3. Depending on the unit size Joe is currently residing him, him adding a new family member in 1.A above would increase the member count to 2 individuals. If your property has unit sizes that accommodate 2 member households, Joe would be eligible for a unit transfer per the property’s unit transfer policies within the written tenant selection plan.
