questions & answers

Question: I have had someone living with me for the past 3 years as somewhat of a caregiver. I have lupus and Fybromyalgia and there are days when I can not function. I never know when something will happen. I live in an apartment andhave for 6 years. All the other managers knew that someone was with me and why and it was okay. Now we have a new management company who said that he has to fill out a credit report and since he is not working, they said that he has to let them know who is buying the soap, toilet tissue, toothpaste, etc. Since he does not have a job, he does get food stamps. Now, my question is..is it legal for them to ask him who pays for what. I don't think they can ask him that because that has nothing to do with adding him to the lease.

Answer: Although a live-in caregiver is an occupant of the unit, the caregiver is not considered a tenant for the purpose of income qualification and is not liable for paying rent. Because a live-in caregiver only lives in the unit for the purpose of providing supportive services for a person with a disability, the caregiver has no right to continue living in the unit if the tenant with the disability moves out. A Landlord may request proof of disability and/or ask the tenant to sign a lease addendum specifying the limits to the caregiver’s occupancy.