July 21, 2023
OPWDD is pleased to release new guidance and resources describing occupancy agreements that are required by federal regulation for OPWDD-certified residences.
ADM #2023-05 Occupancy Agreement Guidelines outlines requirements for service providers for establishing legal agreements with people who reside in certified residential settings. The occupancy agreements will outline provider and resident responsibilities and residents’ protections from eviction. In addition to this guidance, OPWDD is also providing the following helpful resources for service provider agencies, people with developmental disabilities and their families:
- A template occupancy agreement that providers may (but are not required to) use as a possible model for their own agreements
- A fact sheet with background information about the federal Home and Community-Based Services Settings Rule
- A fact sheet on occupancy agreements
- Plain Language Overview of Occupancy Agreements
The occupancy agreements describe the legal tenancy rights of people living in OPWDD-certified settings to be comparable to those of tenants everywhere. The establishment of the agreements is an important recognition of the rights of people with developmental disabilities.