Can I legally have my own place as a live-in caregiver?

UPDATED: Oct 1, 2022

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Can I legally have my own place as a live-in caregiver?

My client has a section 8 housing voucher in CA and is insisting that I cannot have my own place and still be on her lease as her live in caregiver. Is this true? If not, what resources or website could I show her to prove to her I can have my own residence?

Asked on August 1, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your client is correct. A live-in caregiver is considered resident with the subsidized (e.g. section 8) tenant she cares for. You cannot be "live in" in a subsidized unit while having another location. That does not mean you cannot be her caregiver, of course, or potentially be 16-18 hours per day, going home to sleep--but it does mean that you cannot be added to her lease as an occupant--as a live-in caregiver--if you have another residence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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