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

Navigating Calculation of Rent, Special Needs Trusts and Reasonable Accommodations

A live 90-minute CLE webinar with interactive Q&A


Wednesday, October 18, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 22, 2017


This CLE webinar will discuss the Section 8 Housing Choice Program for the elderly and those with special needs, including how the program works, eligibility, calculation of rent and reasonable accommodations. The program will also discuss the DeCambre v. Brookline Housing Auth. decision on how income from a special needs trust should be calculated by the public housing authority.

Description

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.

Outline

  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

Benefits

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?

Faculty

Karen B. Mariscal, Esq., Of Counsel
Margolis & Bloom, Boston

Ms. Mariscal practices in the areas of special needs estate planning, guardianship, and disability law. In addition to estate planning and guardianship (including supported decision-making), she provides families with information, resources, and practical assistance regarding their children’s adult day programming and housing and residential options and supports.

Kevin Urbatsch, Esq., Principal
The Urbatsch Law Firm, Pleasant Hill, Calif.

Mr. Urbatsch concentrates his practice on elder law, special needs and settlement planning and special needs trusts. He also serves as National Director of the Academy of Special Needs Planners (ASNP) and also serves as Editor-in-Chief of the NAELA Journal. He is a frequent lecturer on special needs and estate planning. He also is the author (or co-author) of the books and treatises.

Michele P. Fuller, Founder
Michigan Law Center, Sterling Heights, Mich.

Ms. Fuller's practice focuses on elder law, special needs planning, Veteran’s Administration planning, and and settlement planning, including a national practice estatblishing Qualified Settlement Funds (QSF). She is a frequent presenter at the annual conferences and webinars regarding various aspects of special needs trusts and planning. She also co-authored several nationally published articles.


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