62+ Housing Exemption for Kinship Caregivers

Proposal Presented for the Master Plan for Aging (#78)

Disclaimer

Throughout the MPA process, more than 100 proposals were developed thanks in particular to thousands of hours of work by external stakeholders and members of the public. These proposals and the MPA Council commentary are being submitted to the Governor and shared with policymakers and the public to inform policymaking. These proposals represent a starting point for discussion. Further discussion is necessary between relevant state agencies and stakeholders to both refine these proposals and assess which may be appropriate to adopt and implement.

Summary

Work with the Division of Human Rights to amend waivers for 62 -plus senior housing developments. The current rules disproportionately impact minority populations. Advocate for the HUD Section 202 Supportive Housing for the Elderly Program age requirement to be eliminated or modified.

Justification

Kinship caregivers living in 62+ housing communities face challenges when minors are in their care. Age related restrictions prohibit these caregivers from living with a dependent minor and create barriers to remaining in safe and affordable housing. Addressing this restriction with the Division of Human Rights and the HUD will allow caregivers and their dependents to better age in place and foster housing security.

Full Proposal

Create an exemption for older adults taking on the oversight of a minor when issuing waivers for 62 plus senior housing developments. As described in the federal Fair Housing Act, housing for older adults is exempt from familial status discrimination. Ensure that older adults who are taking in children due to CPS/Family court involvement or parental illness or death can avoid housing loss due to the existing senior housing exemption by:

  • Work with the Division of Human Rights to amend waivers for 62 plus senior housing developments. The current rules disproportionately impact minority populations.

Additionally, the Stakeholder Advisory Committee proposes that the HUD Section 202 Supportive Housing for the Elderly Program age requirement should be eliminated or modified to allow kinship caregivers under the age of 62 to be included. 


MPA Council Commentary

This proposal is categorized as long-term. New York State would need to discuss changes to federal policy with Senator Gillibrand, Senator Schumer, and other federal government representatives.