loader image

Ensuring Residential Rights: Understanding HCBS Rule Number 6

The essence of rule #6 is to ensure that participants in HCBS (Home and Community-Based Services) have the necessary protections regarding their living arrangements. It emphasizes the importance of having a written agreement, such as a lease or residence agreement, that safeguards individuals against arbitrary eviction and outlines a transparent appeals process similar to those offered under local landlord-tenant laws.

In practical terms, this rule demands that in provider-owned or controlled residential settings, each individual receiving services must have a specific, identifiable physical space they can legally own, rent, or occupy under a formal agreement. This ensures their rights concerning their living situation are protected within the HCBS framework.

RULE NUMBER 6: IN PROVIDER-OWNED OR CONTROLLED RESIDENTIAL 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.

When applying this rule in a service setting, here are some real-world pieces of advice:

  1. Transparent Agreements: Ensure that the agreements or leases between the participant and the provider are transparent, clearly outlining the rights and responsibilities of both parties. This includes details about rent, responsibilities for maintenance, and terms regarding potential eviction.
  2. Accessible Appeals Process: Establish a straightforward and accessible appeals process in case of disputes or potential evictions. Participants should be aware of this process and provided support to navigate it effectively.
  3. Compliance with Local Laws: Align the agreements with landlord-tenant laws or regulations. This can provide an additional layer of protection for the participants and ensure that their rights are upheld in accordance with broader legal standards.
  4. Empowerment through Education: Educate participants about their rights and the terms of their agreement. This empowerment through knowledge enables them to advocate for themselves and understand the steps to take if they face issues related to their housing within the HCBS.

By implementing these suggestions, service providers can ensure that participants have a secure living environment and are equipped with the necessary knowledge and mechanisms to address any potential disputes or challenges within the context of their housing arrangement under HCBS

While Valley Achievement Center may not directly offer residential services covered by Rule 6 of the HCBS Final Rule, we stand unwaveringly committed to its principles. Rule 6, focusing on establishing legal agreements and eviction protections in residential settings, ensures that individuals receiving HCBS enjoy secure and fair living arrangements.

 

Skip to content