Remember
that nonpayment of rent can be grounds for eviction.
If you pay in cash, always obtain a receipt to
protect against a claim of nonpayment. If you
pay by check, keep the canceled checks as proof
of payment. This should also be done for security
deposits.
Do
I have any rights as a resident of a mobile home
park?
Yes. The Mobile Home Parks Residential Landlord
and Tenant Act governs the rental of mobile home
space in mobile home parks. If a park resident
rents both his mobile home and its space in the
park, then the regular Residential Landlord and
Tenant Act applies.
Who
can help resolve landlord/tenant disputes?
You can call the Housing Information Center (816)
931-0443 to identify the nearest approved housing
counseling agency for a particular zip code. You
may also contact the senior law provider for your
area.
Subsidized
Housing: An Affordable Option for Low-Income Senior
Adults
Finding appropriate housing at affordable prices
is a real problem for many senior citizens. The
federal government has established several programs
to assist in housing needs.
One
type is public housing that is built and operated
by a government agency. The public housing program
is administered by the U.S. Department of Housing
and Urban Development, also known as HUD. Local
Public Housing Authorities, called PHAs, acquire
and operate housing projects.
There
is also private subsidized housing that is built
and operated by nongovernment groups that have
received federal assistance.
Subsidized
rent in both public and private programs means
the amount of rent you are required to pay is
based on your ability to pay.
How
do I qualify for the public subsidized housing?
Income guidelines must be met in order to qualify.
Income includes wages, dividends and retirement
benefits. Deductions are taken for extraordinary
and medical expense, dependents and a percentage
of gross income.
How
do I apply?
Fill out an application at your local housing
office. Check your city government listings in
the telephone book for the local housing authority.
You will be notified if you do or do not qualify.
If eligible, you will be informed of the approximate
date a housing unit will be available. If not
eligible, you must be told why and given the opportunity
for an informal hearing to appeal the decision.
What
are some of the factors that affect my rent?
Rent is based on a percentage of your family income.
Changes in your income, family size, or employment
status can affect the amount of your rent. An
evaluation is made each year to determine if rent
should be changed.
What
are my rights as a tenant of public subsidized
housing?
Your lease will contain many of the same rights
and duties as outlined under the landlord-tenant
section. You will also have a grievance procedure
to challenge any decision regarding rent increases,
charges for damages and termination of the tenancy.
The procedure includes filing a written complaint,
an information conference, a formal hearing and
court action.
How
does the private subsidized housing program work?
Various types of subsidized private housing may
be available in your area. Some federal programs
assist you in paying the rent. Others lend money
to organizations to help them build and rehabilitate
housing.
How
will my rent be calculated in the private program?
Under the Section 8 Voucher Program, the tenant
may pay more or less than a set percentage of
his income for rent, depending upon whether the
rent for the unit is greater or lesser than the
HUD-determined rent standards.
Are
there other low-income housing options?
You should also check in your area for HUD`s Section
202 housing program. It makes direct loans to
private organizations for building or rehabilitating
housing for the elderly and disabled. These units
then are offered at lower rents. Special services
may also be provided to assist tenants, including
homemaker, health and transportation services.
In
rural areas, the United States Department of Agriculture
(USDA), Rural Housing Services provides affordable
housing options to rural communities throughout
Kansas.
Where
can I get information about subsidized housing
in my area?
For more details about subsidized housing available
in your area contact the Public Housing Authority,
your Area Agency on Aging, your local city hall
or the Kansas Housing Hotline at (800) 752-4422.
Housing
Discrimination
Federal law prohibits housing discrimination based
on your race, color, national origin, religion,
sex, family status, or disability. If you believe
you have been discriminated against while trying
to rent or purchase housing, you have the right
to file a fair housing complaint. Call the Office
of Fair Housing and Equal Opportunity Department
of Housing and Urban Development at (800) 669-9777
or (800) 743-5323, for information on how to file
a complaint.
Housing
Counseling
Housing counseling agencies provide counseling
to renters, first-time buyers, and homeowners.
Housing Counseling Agencies can provide advice
on buying, renting, resolving landlord/tenant
disputes, defaults and foreclosures, and reverse
mortgages. For a referral to the HUD-approved
housing counseling agency nearest you, contact
theHousing Counseling Clearinghouse (HCC) at (800)
569-4287.
Reverse
Mortgage
A reverse mortgage is a special type of home loan
that allows the homeowner to convert home equity
into cash. Unlike traditional home equity loans
or second mortgages, there is no payment due on
the loan until the borrower no longer lives in
the home. To be eligible for a reverse mortgage
you must be at least 62 years of age, own your
home free and clear, or have a very low outstanding
mortgage balance. Many seniors use the reverse
mortgage to pay for home repairs, to pay for unexpected
expenses, or to supplement their retirement income.
You can obtain free information about Reverse
Mortgage by calling Fannie Mae at (800) 732-6643
extension 1480 or, by calling HUD toll free at
(888) 466-3487.
Continuing
Care Retirement: Everything in One Package
Continuing Care Retirement Communities, (CCRCs),
provide independent living units such as apartments
or cottages. Various social, recreational, maintenance
and health care services are offered usually on
the premises.
The
terms of a CCRC contract typically last more than
one year. The facility agrees to provide housing,
health care and other services in exchange for
your advance payment to help cover these costs.
The fees cover the cost of housing but do not
give you ownership rights in the property. Most
facilities additionally require an entrance fee
and monthly service charge. Always seek advice
from an attorney before signing a contract or
paying the often substantial entrance fee.
Because
of the complicated financing required to develop
and operate such a facility, the potential for
financial management does exist. Kansas law requires
these facilities to provide a copy of their annual
audit to residents on request.
Client
Assessment and Referral Evaluation (CARE)
Client Assessment and Referral Evaluation (CARE)
is an assessment program started by the 1994 Kansas
Legislature. Everyone seeking nursing home care
after January 1, 1995 must be assessed by the
CARE program before they can enter a Medicaid
certified nursing home. Visiting with a CARE assessor
will give you a chance to discuss your available
long term care options. The CARE assessor has
information about services in your community.
A CARE assessment ordered by the Area Agency on
Aging is conducted by hospital personnel and Area
Agency on Aging staff or contractors, uses a two
page form developed by the Kansas Department of
Health and Environment Data Governing Board to
evaluate a person`s health and functional abilities.
Once the assessment is complete, the assessor
will provide you with a certificate which shows
that you have been assessed. If you decide a nursing
home is your best choice, you can take a copy
of the certificate (and a copy of your assessment)
to the nursing home. For more information about
the CARE program or community based services,
you may contact your Area Agency on Aging, local
SRS office, or the State CARE program office in
Topeka at (800) 432-3535.
How
to select a nursing home
The Kansas Department of Health and Environment
licenses nursing homes, certifies nursing homes
to participate in Medicare and/or Medicaid, regulates
standards for participation, and monitors the
facilities to assure that residents` needs are
being met. You may also call the Kansas Department
of Health and Environment for information on specific
nursing homes such as the results of the latest
licensing survey or the past year`s complaint
history. This information, by law, is also to
be posted in the nursing home. The www.medicare.gov
website also provides useful information.
What
should I consider when selecting a nursing home?
Determine your physical, mental and social needs
before selecting a nursing home. Sometimes these
needs can be met in your own home, an assisted
living facility, a board and care home, an adult
family home, or a residential care facility.
Kansas
law requires that any person seeking entry to
a Medicaid certified nursing home must have a
CARE assessment prior to admission. You should
contact your local area agency on aging for this
service.
When
there is a need for nursing home care, start with
those near your home or close by for easy visitation
by friends, family and physician. When you have
narrowed the selection to a few homes, visit to
determine the quality of care received by the
residents. Check to see if the residents are well
groomed and appear to be actively participating
in activities. Evaluate the appearance and taste
of meals. Determine if there is a resident council
and how families are involved in the care planning
sessions. When visiting a home, chat with the
residents to see if they are satisfied with the
services provided. Rely heavily upon your impressions
of staff attitudes and your reactions to the nursing
home.
What
should I look for when signing a nursing home
contract?
Nursing home residents have a number of rights
and safeguards secured by federal and state law,
including the right to an admissions contract.
The
contract should indicate which services are included
in the daily rate and which are not, as well as
the additional costs for other services. Nursing
homes participating in the Medicaid program may
not require a period of "private pay"
prior to conversion to Medicaid nor any sort of
donation for the promise or privilege of securing
a bed. Rarely is a deposit required at admission
from private paying residents, and it is unlawful
to request one from Medicaid residents. Take a
close look at how money is refunded when care
is terminated due to a move or death, and look
for any language regarding late charges.
What
happens to nursing home residents who run out
of money?
Many people who enter a nursing home as private
pay residents eventually run out of money and
turn to Medicaid to pay for their care. Nursing
homes that are Medicaid certified must continue
to provide nursing care when a person becomes
Medicaid eligible.
How
much does nursing home care cost?
Extended nursing home stays can be quite expensive,
and the daily rates vary from one home to another.
As of July 1, 2001 daily private pay rates in
Kansas nursing homes varied from approximately
$63 to $226. Its recommended that you call several
homes and ask for their daily rates.
Are
all homes Medicare and Medicaid-certified?
Most, but not all nursing homes are certified
for Medicaid in Kansas and many are certified
for Medicare. Ask your hospital discharge planner
or call the facility to determine its types of
certification. As explained in the Medicare section,
up to 100 days in a skilled nursing facility may
be covered. You will be responsible for a co-payment
for days 21 through 100.
What
does Medicaid pay for?
Medicaid will pay for nursing home care for those
physically and financially eligible. A nursing
home accepting a Medicaid payment cannot bill
you for any covered costs in excess of the reimbursement
rate authorized. You will be required to put all
but $30 of each month`s income toward the cost
of care.
Looking
at alternatives to nursing home placement
Like most people, you probably want to remain
in your home during your later years, or at least
as long as possible. But an illness or chronic
condition may require you to make adjustments
in your lifestyle. Sometimes, with a little special
assistance, you can stay in your own home and
postpone or avoid costly nursing home care. The
following services may be just what you need to
help you maintain your independence.
