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Developmental Disabilities Administration
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December 4, 2023
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Dear Group Training Home providers,
Federal settings rules found in 42 CFR Section 441.301 (c) (4) require the provider to make sure a client has the same protection under landlord tenant law as the general public. This includes settings for which landlord tenant laws do not apply, and where a common lease agreement may not be applicable.
An alternative to a lease agreement may be a residency agreement, service agreement, admission agreement, or other form of written agreement between the provider and client. The provider must have language in their written agreement with each client that:
- Provides adequate notice prior to eviction or termination of tenancy.
- Includes a process for the client to have opportunities to make positive changes before eviction.
- Provides information on how a client can appeal their eviction.
- Aligns with DDA Policy 4.02 Community Residential Service: Referral, Acceptance, and Change in Residential Provider.
Action:
The state must ensure that a written agreement is in place for each client.
- Please review your current agreement with the client to ensure that it has language that aligns with WA landlord tenant laws.
- An updated agreement must be signed by the client, or the client’s legal representative if they have one.
- Send a copy of the updated written agreement to the client’s resource manager and case resource manager.
For questions, please contact your resource manager.
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