Hancock, NY asked in Elder Law and Public Benefits for New York

Q: Is military disability considered income in an assisted senior living housing unit? Hud said it was exempt, is it?

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James L. Arrasmith
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  • Elder Law Lawyer
  • Sacramento, CA

A: In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of income, like certain military disability benefits, may be exempt and not counted as income.

It’s important to check the specific rules of the assisted living facility in question and the applicable HUD guidelines. These rules can vary depending on the program and the type of housing assistance provided. The facility's administration or a local HUD office can provide clarification on how income is calculated for their specific programs.

If HUD has indicated that military disability is exempt in your case, then it should not be counted as income for the purposes of determining eligibility or rent calculations in an assisted senior living housing unit. However, it’s always a good idea to get this in writing or have clear documentation for your records.

Given the complexity of HUD regulations and the importance of accurate income reporting for assisted living arrangements, consider consulting with a lawyer or a legal aid organization if you have specific concerns or face challenges with the housing unit’s administration. Remember, each situation is unique, and it's crucial to have the right information to make informed decisions.

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