24 C.F.R. § 982.316
§ 982.316 Live-in aide. (24 CFR Part 982)
Operative Text
(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.
Under 24 CFR Part 982 § 982.316, families that include an elderly, near-elderly, or disabled member may request that a Public Housing Authority (PHA) approve a live-in aide to share the unit and provide necessary supportive services. When a live-in aide is needed as a reasonable accommodation for a person with a disability, the PHA is required to grant that approval. However, the PHA retains the authority to deny or revoke approval for a specific individual if that person has engaged in fraud, criminal activity, drug-related or violent offenses, or currently owes money to a PHA in connection with federal housing assistance.
Plain English — not legal advice.
Property owners and managers participating in the Housing Choice Voucher program should be aware that § 982.316 places the live-in aide approval process with the PHA, not the owner. A compliant operator generally recognizes that an approved live-in aide is not counted as a household member for lease purposes in the same way other occupants are, and that the unit size determination follows § 982.402(b)(6). Operators typically coordinate with the PHA when questions arise about occupancy changes related to a live-in aide, rather than making independent eligibility determinations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 982.316, a family that includes a person with a disability has the right to request PHA approval for a live-in aide as a reasonable accommodation, and the PHA is obligated to approve that request when it is genuinely needed to make the program accessible. If a PHA denies or withdraws approval for a live-in aide, tenants can generally ask the PHA for an explanation and may have the option to pursue an informal hearing or file a fair housing complaint depending on the circumstances. Tenant-rights organizations and legal aid offices familiar with federal housing programs can help families understand the reasonable accommodation process and available options under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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