California public housing authorities may not consider in-home supportive services care compensation when calculating a public housing tenant’s housing subsidy. In Reilly v. Marin Housing Authority, the California Supreme Court held, in a majority opinion written by Justice Chin, a Section 8 beneficiary’s IHSS compensation for providing in-home supportive services care for a severely disabled adult daughter is not compensation representing wages earned from employment. In departing from HUD’S interpretation of the relevant regulation, the Court refused “to adopt a crabbed interpretation that does little to advance the tandem goals of offering affordable housing to low-income families and of supporting families who themselves provide in-home care for developmentally disabled members.”
Click here to read the Reilly v. Marin Housing Authority opinion.