Elder Care: Eligibility Requirements for Section 8 Housing Choice Program for Seniors and Disabled Clients

Section 8 housing subsidies payments made by a person on behalf of someone else will be counted as income to the beneficiary unless the payments are “temporary, non-recurring or sporadic.”

Funds held in a special needs trust do not count as the beneficiary’s resources for Section 8 housing benefits. However, distributions from these trusts may negatively impact Section 8 eligibility or monthly rent payment if the payments are considered income. Elder counsel must understand the risks, and rewards, of making trust distributions in the context of Section 8 housing.

Disabled residents may require and are legally entitled to an accommodation in housing arrangements such as service or emotional support animals, live in aides, reserved accessible parking, and alternative rent payment dates. Counsel should be aware of the process to request and receive an accommodation for the client.

Listen as our authoritative panel of attorneys reviews the eligibility requirements for the Section 8 Housing Choice Program for the elderly and those with special needs. The panel will review how the program works, how rent is calculated and reasonable accommodation rights of the client. The panel will analyze the DeCambre v. Brookline Housing Authority decision regarding how income from a special needs trust should be calculated by the public housing authority.

1. Overview—how it works
2. Eligibility, and the wait list
3. Calculation of rent
   1. DeCambre v. Brookline Housing Auth.
   2. Special needs trusts
4. Reasonable accommodations

The panel will review these and other key issues:

• What are the eligibility requirements for Section 8 housing, and how is rent calculated?
• What is the impact on Section 8 benefits if the recipient establishes an SNT with their own assets?
• What is the impact on Section 8 benefits when distributions are made from an SNT?