June 23, 2014 in Certs/ 50059s (Including income/assets/expenses), Q&A

Q&A Remaining Family Member

Question:  If a resident of Section 202/8 housing marries a 40 something year old, what happens if the existing resident dies before her spouse becomes age 62?  Is the under age 62 person required to move out?  ~ Linda in DE

Answer:  Section 3-16 of the 4350.3 addresses this issue.  If the property is a 202 PRAC or a 202/8, the spouse (regardless of age) stays in the unit and pays rent based on income, following normal 50059 procedures, as long as s/he was properly added to the lease, is of legal contract age, and was living with the resident at the time of death.  The spouse is not required to move out.