An individual is living in his own household when there is liability to the landlord for payment of any of the rental charges on the part of:

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  the individual;

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  the living-with eligible spouse;

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  any person whose income may be deemed to the individual.

The PMV rule is used to determine ISM for an individual who has rental liability. The VTR never applies when an individual is in his/her own household.

A rental liability period is the time span covered by a rental agreement.

Room rental within a private dwelling is a form of rental liability.

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  When an individual lives in the same dwelling with the landlord, he/she must be in a separate household from the landlord's in order to have rental liability.

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  A separate household functions as a separate economic unit, and more than one economic unit may exist in a single dwelling. If the individual and the landlord do not function as separate economic units, the individual is not in a separate household and cannot have rental liability.

A flat fee for room and board is a form of rental liability. It is a variation of separate room rental within a private dwelling. With flat fee, the individual maintains a separate household from the landlord and pays a flat rate for food and shelter.

A landlord is a party who provides living quarters in return for rent. For purposes of LA and ISM, a landlord and his or her tenant(s) cannot be members of the same household.

Rent is a consideration which consists of cash only and which is due to the landlord or his/her authorized agent under a rental agreement. Services provided in return for shelter do not constitute rent. See SI 00835.020 for further discussion of the term “rent.”

Accept an individual’s statement, signed or on DROC screen, that the individual or living-with spouse has rental liability if:

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  the individual lives alone; or

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  the only other household member(s) is the individual's spouse, his/her deemor, or any child (whether or not related).

If SI 00835.120C.1. does not apply, accept the individual’s statement, signed or on DROC screen, that the individual or living-with spouse has rental liability in the following situations.

1. a. 

   The individual or his living-with spouse has had continuous rental liability since the current period of residence began and every other household member either:

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     falls into one of the categories listed in SI 00835.120C.1.; or

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     met the definition of “child” at the beginning of the current period of residence (SI 00501.010).

2. b. 

   Document on DROC screen or a paper Report of Contact (RC) the rationale for the determination that rental liability exists based on continuous rental liability.

1. a. 

   Accept an allegation of a child's past or present school attendance in applying SI 00835.120C.1. or SI 00835.120C.2.

2. b. 

   Use the full development procedure below (SI 00835.120D.) if the individual alleging rental liability is a child.

1. a. 

   In PE situations, redevelop rental liability only if the individual's allegation is inconsistent with the information on the SSR or the SSI Claim pending file.

   NOTE: Be alert to situations where rental liability may need to be developed for the month after an eligible child turns 18.

2. b. 

   Follow SI 00835.120C.1., SI 00835.120C.2., or SI 00835.120C.3. above as appropriate if redevelopment of rental liability is needed.

1. a. 

   Obtain a copy of the rental agreement (e.g., a lease).

2. b. 

   Record the following rental agreement information on the evidence screen (EVID):

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     who has rental liability;

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     who is the landlord;

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     where the living quarters are; and

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     the amount and frequency of the required rent.

Contact the landlord and document the information in SI 00835.120D.1.b above on DROC screen or an RC:

1. a. 

   Obtain copies of one or more recent rent receipts which must show:

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     the name of the individual, spouse, or deemor as the person paying the rent;

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     the amount paid;

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     the period covered by the payment; and

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     the signature of the landlord or his/her authorized representative.

2. b. 

   Record the above rent receipt information on the EVID screen.

1. a. 

   Document the individual's allegation of rental liability using the instructions in SI 00835.120D.

2. b. 

   Document the allegation of separate households.

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     Explain to the individual and the landlord the SSI meaning of “separate household” as described in SI 00835.120A.4. above.

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     Obtain statements on DROC screen or a signed RC, from both the individual and the landlord as to whether they consider themselves members of the same household or separate households.

   NOTE: If the landlord will not affirm or deny the individual's allegation of separate households, the separate household determination must be based on the individual's allegation and any available evidence. Document on DROC screen or an RC why the information is not available from the landlord.

3. c. 

   Determine whether separate households exist within the dwelling by considering the separate household allegation in relation to factors such as the following.

Household Organization: Although not conclusive by itself, a “yes” answer to any of these questions is an indication that the individual may not be in a separate household within the dwelling.

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  Do the individual and landlord make joint decisions regarding home repairs, improvements, and other aspects of daily activities (e.g., food purchases, TV cable service, phone service)?

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  Is the individual responsible for any bills connected with the operation of the residence (e.g., are any bills in the individual's name)?

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  Do the individual and the landlord pool money for any household expenses?

Rent: Although not conclusive by itself, a “yes” answer to any of these questions is an indication that the individual may be in a separate household.

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  Does the landlord charge rent (or a flat fee for food and shelter) based on the current market value?

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  Would the landlord ask the individual to move out if individual stopped paying rent?

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  Would the landlord continue to hold the individual responsible for back rent if the individual stopped paying rent?

Meals: Although not conclusive by itself, a “yes” answer to any of these questions is an indication that the individual may be in a separate household.

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  Does the individual purchase most of his/her food separately from the rest of the household?

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  Does the individual store food separately from the rest of the household?

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  Does the individual prepare or eat meals separately from the rest of the household?

Access: Although not conclusive by itself, a“yes” answer is an indication that the individual may be in a separate household.

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  Does the individual have access to only part of the residence?

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  Does the individual have a bedroom, cooking facilities, or a bathroom for his/her exclusive use?

NOTE: The above factors are listed to assist the adjudicator in determining whether separate households exist. Each factor may not apply in every case. No single factor is controlling. The determination must be based on the adjudicator's judgement after considering all of the facts in the case.

1. d. 

   If the individual lives in a separate household, determine that rental liability is the LA basis. If the individual does not live in a separate household, determine that rental liability does not exist and proceed with sequential development (SI 00835.001B.).

2. e. 

   Document the separate household/rental liability determination in the file.

The development for flat fee is essentially the same as for room rental in a private dwelling except for the additional consideration that the individual's payment is a payment for both food and shelter.

1. a. 

   Document the allegation of rental liability per SI 00835.120D. above. In addition, document that the individual's payment to the landlord is for food and shelter.

2. b. 

   Document the allegation of separate households per SI 00835.120E.1.b.

3. c. 

   Determine whether separate households exist per SI 00835.120E.1.c.

4. d. 

   If the individual lives in a separate household, determine that a flat fee for room and board exists and that rental liability is the living arrangement basis. If the individual does not live in a separate household, determine that the individual does not have rental liability and proceed with sequential development.