Residency Agreement Frequently Asked Questions 3-24-22

Residency Agreement FAQs

Is it OK to add resident responsibilities into the residential agreement?
It is permissible to add resident responsibilities to the residential agreement (e.g., no smoking in the home or no pets allowed) provided those responsibilities are allowable under local/state landlord tenant laws. If you are unsure whether something is allowable under the law, consult your attorney.
Can we require that individuals provide a deposit?
Given that the vast majority of individuals receiving waiver-funded services have very limited discretionary income, DDD is taking the position that no deposit can be required to reside in a waiver setting. Please contact us at DHS.HCBS@illinois.gov if this is problematic due to external housing requirements.
Currently if a client breaks a door or something we go through the HRC to talk about a repayment plan and such. Do we need a statement about repayment of broken household items in the residency agreement or do we keep the same process as we have now?
HRC approval is not necessary in all cases for the resident to pay for the door. If the door was broken during an incident and paying for the door is a consequence for behavior, then it may need to go through HRC to make sure it isn't an inappropriate consequence. If replacing broken or damaged home items is part of the residential agreement, then repayment in of itself would not require HRC approval but is strongly encouraged. The broken door does not decide if it goes through HRC but the circumstances of how the door got broken might. Generally, residency agreements cannot be no more restrictive than a traditional lease. It can include responsibilities that are acceptable under Illinois landlord tenant law.
What about safety things like "no weapons" or "no illegal drugs"?
Any individual living in the home must follow the local, state, and federal laws regarding firearms and drug usage.
Can a residential agreement include a time at night when the housemates all agree that there will be no personal company at the CILA if all housemates agree to it?
This would be more appropriate for house rules where the individuals (not the site) agree on these kinds of things. A residential agreement could reference roommates working together to establish agreed-upon and developed house rules but as people and preferences can change, it would be best not to put the specifics of a set of house rules into the residential agreement itself.
Will there be a template for the lease agreement that we can use?
There is a template for the residency agreement (remember, this isn't a lease, but a residency agreement designed to protect the individual's rights) at the DHS DDD website. You can find it at IDHS: Residency Agreement Template for CILA, CLF and CGH under Developmental Disabilities waivers (state.il.us)
Do we have to use the template?
No. You are free to use a template of your own. However, it is recommended that you compare your template to the Division's as the Division's was designed to ensure that all requirements under the Settings Rule are included. You need to make sure yours does as well.
Who signs the residency agreement?
Whenever possible, the individual should sign the residency agreement even if a guardian also needs to sign it. It is the provider's responsibility to meet with the individual to help him/her understand what it is and what rights it contains, taking as much time as needed to answer questions, etc. Even in situations where an individual may not be able to fully comprehend what is contained in the lease, the provider should make every effort to involve and engage the individual.
Do the residency agreements have to be renewed every year?
What happens if a waiver participant lapses in signing the lease renewal? Does that mean they would need to leave? The residential agreements must be renewed annually. If an individual has not signed the agreement, he or she should be asked if they want to continue living in the setting. If the answer is yes, they should sign the agreement. Any modifications to the agreement requested by the individual should be documented. If the answer is no, the ISC should be contacted to mediate the signing of the lease/agreement or to begin working with the individual to find a new setting.