What requirements apply only to provider-controlled residential settings?
The person has a lease or other legally enforceable agreement.
The unit or dwelling is a specific physical place that the person who receives services can own, rent or occupy under a legally enforceable agreement. The person must have, at a minimum, the same responsibilities and protections from eviction that tenants have under the landlord-tenant law of the state, county, city or other designated entity.
For settings in which landlord-tenant laws do not apply, (services include foster care and supported living) the provider must ensure a lease, Residency Agreement or other form of written agreement will be in place for each person and that the document provides protections and addresses eviction processes and appeals comparable to those provided under the jurisdiction’s landlord-tenant law.
This requirement ensures that people who live in a provider-owned or controlled residential setting have the same rights and protections as other community members.
The lease, Residency Agreement or Individual Resident Placement Agreement should contain the HCBS-required resident rights and informs the people and providers of their responsibilities under the agreement, such as:
- Amount and due date for rent or room/board
- Person’s responsibilities (i.e., maintaining his/her living space and not engaging in activities that disrupt or potentially cause harm to other residents)
- Provider’s timeframe for giving the person a notice of service termination and/or eviction
- Conditions under which a provider could initiate an involuntarily termination the lease/agreement
- Person’s appeal rights information.
The provider must give a signed copy of the lease/Residency Agreement to the person.
Some examples of best practices are:
- The provider explaining the terms of the lease/agreement in a format the person can easily understand
- The provider including information about rights in the resident handbook, but the lease/agreement must explicitly reference that the resident’s rights are outlined in the handbook