Following housing authority’s termination of mother of developmentally disabled daughter’s Section 8 housing voucher, mother filed petition for writ of mandate.
The Superior Court sustained authority’s demurrer. Mother appealed. First District Court of Appeal affirmed. Mother appealed.
The Supreme Court held that:
- Money mother received from In-Home Supportive Services (IHSS) program to provide care for her daughter was not income for purposes of calculating rent subsidy;
- Excluding money received from IHSS program from income would not have created an unfair disparity by extending the exclusion to families with a developmentally disabled member but not to families with a medically disabled member; and
- Money received from IHSS program was not intended to replicate the wages and hours of a parent employed outside the home.