HUD HCV Guidebook § 3.1
Occupancy (HUD HCV Guidebook)
Operative Text
Elderly persons and/or persons with disabilities may live in congregate facilities. With PHA approval a live-in aide may live in the congregate unit with an elderly person and/or a person with disabilities. The PHA must15 approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. PHA approval of a live-in aide is subject to HCV program regulation. 16
Under HUD Housing Choice Voucher Guidebook § 3.1, elderly individuals and people with disabilities who participate in the Housing Choice Voucher program may reside in congregate living facilities. A live-in aide may also occupy the unit alongside such a resident, provided the Public Housing Authority (PHA) grants approval. Notably, when a live-in aide is necessary as a reasonable accommodation to make the program accessible to a person with disabilities, the PHA is required to grant that approval rather than treating it as discretionary.
Plain English — not legal advice.
Property owners and managers participating in the Housing Choice Voucher program should be aware that under HUD Housing Choice Voucher Guidebook § 3.1, congregate units may house elderly residents or residents with disabilities together with an approved live-in aide. Compliant operators generally work with the PHA to confirm aide approval status before or during lease execution, and they treat approved live-in aides as authorized occupants under the terms of the voucher. Operators also typically familiarize themselves with HCV program regulations governing aide approval, since those rules govern how the PHA's determination is made.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 3.1 establishes that if you are an elderly person or a person with disabilities living in a congregate facility, you have the right to request that a live-in aide share your unit, subject to PHA approval. Importantly, if a live-in aide is necessary for you to access and use the program as a reasonable accommodation, the PHA is obligated to approve that request. Tenants who believe a reasonable accommodation request has been improperly denied may consider raising the issue directly with their PHA, filing a fair housing complaint with HUD, or reaching out to a local tenant-rights or disability-rights organization for general guidance.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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