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caregiver for disabled tenant

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Old Aug 11th, 2008, 06:06 PM     #1
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Confused caregiver for disabled tenant

Memo from manager: Although caregivers are typically not counted as part of the household, spouses are.
My question: Isn't that discrimination based upon familial status? Manager is saying that disabled tenant is in violation of his lease because his caregiver is his wife who was contacted and asked to come and stay with him (in separate bedroom) because of his disabilities and, therefore, his need for a caregiver. What does the family relationship have to do with being a caregiver? Am I misunderstanding this familial status thing? A caregiver should have nothing to do with whether or not people are related. If the manager didn't know that we are married this wouldn't even be mentioned. I am very confused about this issue because the manager gave us the forms to take to the doctor for verification of this need for a caregiver. The manager also said that caregivers, as stated above, are not counted as part of the household. We supplied all the necessary documents to confirm his need. Now the manager keeps serving violation notices to the disabled tenant stating his failure to report changes in family composition and income.
Please help if possible in explaining what the true law is regarding this matter.
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Old Aug 11th, 2008, 07:48 PM     #2
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Default Re: caregiver for disabled tenant

If the caregiver is his (still wedded) wife, her income would count as part of the household income for purposes of calculating aide. If it was an unrelated caregiver, the income the caregiver recieved would not be the tenants' property (shared property laws apply here). It would be the caregiver's sole income and would come from the tenant (thus a debt from him and not extra income into his household, since the caregiver has no responsibility to share the income with him and he has no legal rights to it.)

This is not discriminatory. It just is needed to calculate any aide or reduced rent based on household income. If the person is his wife, he is legally entitled to use her income. It is therefore counted as household income for these purposes. He would not be legally entitled to use an unrelated caregiver's income. Thus any income the wife receives should be counted as household income.
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