Yes, free housing is considered in-kind income which he must report. This will result in your brother-in-law losing a third of his SSI benefit. His benefits will not be cut if they pay you the fair market value of staying in the basement. This may be difficult to establish, but you may be able to come up with a reasonable number that the Social Security Administration would accept.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
