Reilly

Reilly v. Marin Hous. Auth.

Good Law
23 Cal. App. 5th 425·232 Cal. Rptr. 3d 789
Court of Appeal of CaliforniaApril 25, 2018A149918California5,188 words

Opinion

lead Opinion

Tucher, J.

*428 Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized by the Marin Housing Authority (MHA). The family participates in the Housing Choice Voucher program, commonly known as Section 8, which MHA administers according to the rules and regulations of the United States Department of Housing and Urban Development (HUD). As a Section 8 participant, Kerrie Reilly receives a monthly rent subsidy, or "housing assistance payment," the size of which varies depending on her income.

The Reillys also participate in a state social services program designed to help incapacitated persons avoid institutionalization. The In-Home Supportive Services (IHSS) program compensates those who provide care for aged, blind, or disabled individuals incapable of caring for themselves. ( Norasingh v. Lightbourne (2014) 229 Cal.App.4th 740 , 744, 176 Cal.Rptr.3d 868 ( Norasingh ).) Reilly's daughter suffers from a severe developmental disability, such that she requires constant supervision, and IHSS pays Reilly for providing her daughter with care-giving services. The question this case presents is whether the money Reilly receives from IHSS is "income" within the meaning of…

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