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Can a Housing Authority Supervisor deny a request for a live in aide because their policy is different from HUD rules?

Irvine, CA |

I'm disabled and need a live in aide. The HA supervisor says I don't, after speaking with my doctor; which "doctor" was not disclosed. My previous doctor signed for my permanent disability 5 months prior, later submitted a document with mistakes, then refused to address the matter. My new doctor signed off on my request for the accommodation. I have documentation for my disability, have been approved for more specific care, ported into the county with an approved live in aide, and offered to share my records. I requested an informal hearing by HUD standards. The supervisors response says without a large piece of life sustaining equipment that without it, I would have to move into a long term care facility, their policy prohibits increasing bedroom size for medical need. Is this legal?

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Attorney answers 1


More information is needed; for instance, do you have a social worker who can act as a laison between you and the HA? If not, call adult protective services and ask for one or at the very least, because they are likely short staffed, ask for them to investigate on your behalf.

There are likely strict guidelines contained in your rental agreement concerning the circumstances underwhich you are entitled to a live-in aide so review that, as well.

This is my opinion and should not be construed as legal advise for your specific case as there are many more facts which you have not provided.