For provider-owned or controlled settings, the unit or dwelling is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the individual receiving services, and the individual has, 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, the State must ensure that a lease, residency agreement or other form of written agreement will be in place for each HCBS participant, and that the document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction's landlord tenant law.

What this Looks like in Practice:

• The lease or other legally enforceable residency agreement contains the HCBS-required resident rights and informs people receiving supports 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 roommates)
  • Provider’s responsibilities for property maintenance
  • Reasons the provider could initiate an involuntarily termination to the lease/agreement
  • Provider’s timeframe for giving the person a notice of service termination and/or eviction
  • Person’s appeal rights information
  • The timeframe the lease is in force
• The provider explains the terms of the lease/agreement in a format the person can easily understand.
• The provider might include information about lease/agreement rights in a program handbook, but, if so, the lease/agreement explicitly references that those rights are outlined in the handbook. There is also documentation showing the person received the handbook and had the opportunity to get any questions answered.
• The provider gives the person a fully signed copy of the lease/residency agreement and a place for safekeeping.
• The provider does not impose or accept any restriction to this right.
• The following should never occur:
  • A provider forces an individual to move out without due process, including adequate notice.
  • A provider discharges/evicts an individual for an issue that was not included or described in