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Usher V. Schweiker


Effect of reduced rent on SSI. Upheld constitutionality of SSI regulation counting below-market rent charged by relative/landlord as in-kind income even though government rental subsidies do not count as in-kind income. Appeal after remand, Usher v. Sec'y HHS, 721 F.2d 854. Regulation requiring reduction of SSI benefits by difference between fair market value of apartment and lower rent charged by relative landlords did not violate equal protection. Not unconstitutional to treat differently SSI recipients renting from relatives at reduced cost and SSI recipients living in federally subsidized housing because different treatment is rationally related to legitimate legislative objective of making subsidized housing more attractive to supplemental security income recipients.

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