Chapter XVII: Reasonable Accommodation


Section G: Conservator/Guardianship

  • In those tenant/MSHDA relationships where the tenant has a disability and is not able to complete tenant responsibilities related to the retention of a HCV (e.g. financial matters, paperwork,) the HA may recommend that a guardian or conservator be appointed on the tenant’s behalf. These situations may present themselves due to the fact that the HA may be working with a third party the majority of the time to complete paperwork obligations, or because the tenant has directed the HA to work with this third party. (The tenant should always give the HA permission to work with the third party in writing.) The HA should discuss the situation with the Resource Specialist (RS) and MSHDA legal counsel.
  • If the disabled tenant is at risk of their HCV being terminated due to non-response to paperwork requests, contacts, unmet deadlines, etc, the HA, at its discretion, may contact their RS to outline an appropriate course of action. If deemed appropriate by the HA/RS, the HA/RS may offer the tenant the opportunity to secure a third party individual to assume responsibility for the tenant’s HCV paperwork and financial obligations; or the HA/RS may suggest to the third party acting on the tenant’s behalf that they formally assume this role. This option may be determined on a case by case basis by the HA.
  • If (a) a file review confirms the tenant has a severe disability, and (b) a third party expresses interest in assuming the tenant’s responsibilities, the RS will contact MSHDA legal counsel who will contact the third party to discuss a guardian/conservator relationship whereby the tenant would retain their voucher and the agreed to third party would assume responsibility for paperwork/legal/financial responsibilities. (The third party will assume the responsibility and cost for obtaining the guardianship/conservatorship.) If the third party secures the guardianship/conservatorship, MSHDA legal counsel must review guardianship/conservator-ship papers to confirm whether the third party (guardian or conservator) is authorized to accept tenant responsibilities. Also, if (a) legal counsel determines that an agreement is necessary for the third party to assume this responsibility, (b) the third party desires to assume the tenant responsibilities under the HCV Program without a guardianship/ conservatorship, and (c) the third party is a nonprofit institution or agency such as Legal Aid, an appropriate document will be prepared for the Third Party (Guardian or Conservator) to sign for the assumption of this responsibility.
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