Housing
Housing
A rental contract between a tenant and a landlord is called a lease. Whether the contract is written or oral, it is still enforceable. Lease periods of more than one year must be in writing. It is always a good idea to have your lease in writing so that the agreement is clearly outlined in case of a dispute.
Read your lease before you sign it. If there are terms in the lease you do not like, change them before you sign. Kansas law prohibits certain terms in lease agreements. A lease cannot:
These clauses cannot be enforced by the landlord even if they are included in the lease you sign.
By law, both you and the landlord must conduct an inventory of the apartment within five days of your taking possession. The inventory should list the condition of the apartment, furniture and appliances at the time you move in.
Take as much time as you need to thoroughly inspect and write down the condition of all areas of the apartment. You and the landlord should sign and date the inventory and keep a copy.
The landlord may ask for a security deposit to protect against damage to the property. Kansas law limits the amount of security deposit to one month's rent for an unfurnished apartment, one and one-half times the monthly rent for a furnished apartment or two times the monthly rent if you have a pet.
When you move out, the landlord must return the security deposit, minus any amount to cover damages other than normal wear and tear, within 14 days after determining what deductions, if any, should be made. The landlord must provide a written list of deductions. In no event can the return of the security deposit be more than 30 days after the lease is terminated.
No. If you do this, you cannot have any of the security deposit back, and the landlord may still collect the unpaid rent.
The landlord has a number of responsibilities to you as the tenant. The landlord must:
No. The landlord cannot evict you, raise your rent, or decrease any service if you complain about housing code violations. It is also illegal to raise your rent during the term of your lease without giving adequate notice of the intent to increase rent.
What are tenant's duties?
Besides paying the rent on time, a tenant also has other duties imposed by law. They include:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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 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) 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.
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.
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.
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.
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.
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.
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.
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.
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.
Services may not be available in all areas of the state. Coordinating the various services and the agencies providing the services can be difficult. Case management and care planning can assist you and your family in coordinating these services. A resource guide called Explore Your Options is available to assist you. Contact your local Area Agency, Home Health Agency or local SRS office for further information.
You have the right:
These rights apply to Older Americans Act programs. Kansas Elderlaw Hotline (888) 353-5337