Section 145.20 Definitions
Adult – An individual who is 18
years of age or older or a person who is emancipated pursuant to the
Emancipation of Mature Minors Act [750 ILCS 30].
Agency – The local DHS or State contracted
Service Provider. An "Agency" may also be referred to as "Provider."
Annual Income Re-examination
Review – The annual review of the tenant's annual income to determine continued
eligibility for rent payments under the PSH models. The annual re-examination
is completed to determine the Housing Assistance Payment Contract by
calculating applicant's rent share/30% of income toward their rent.
Area Median Income or AMI – The
federal Department of Housing and Urban Development's (HUD) calculation of
income limits for eligibility in a variety of housing programs.
Bridge Subsidy – Payment by DHS-DMH
of a portion of the rent for a PSH unit through the Bridge Subsidy model of PSH
until the tenant is able to secure a permanent housing subsidy through a local,
State or federal program.
Case Management Services –
Assessment, planning, coordination and advocacy services for clients who need
multiple services and require assistance in gaining access to and in using
mental health, social, vocational, educational, housing, public income
entitlements and other community services to assist the client in the
community. Case management activities may also include identifying and
investigating available resources, explaining options to the client and linking
the client with necessary resources.
Code – The Mental
Health and Developmental Disabilities Code [405 ILCS 5].
Care Manager – A staff member of a
State-contracted Service Provider who is assigned to monitor and/or provide
support services to a tenant residing in a DHS-DMH Permanent Supportive Housing
and/or Bridge Subsidized unit.
Community Vendor –
A DHS contracted entity.
Confidentiality Act – The Mental
Health and Developmental Disabilities Confidentiality Act [740 ILCS 110].
Consumer – An adult with a
diagnosis of mental illness as defined in 59 Ill. Adm. Code 132 and/or other
disability contributing to eligibility for long-term care. For the purpose of
this Part, all consumers who are living in a unit supported in whole or in part
with DHS-DMH funding may also be referenced as "tenants".
DCFS or Illinois Department of
Children and Family Services – The State child welfare agency responsible for:
protecting children who are reported to be abused or neglected and to increase
their families' capacity to safely care for them; providing for the well-being
of children in care; providing appropriate, permanent families as quickly as
possible for those children who cannot safely return home; supporting early
intervention and child abuse prevention activities and working in partnerships
with communities to fulfill this mission.
Department or IDHS or DHS or The
Illinois Department of Human Services – The State agency responsible for
providing a wide variety of safety net services to Illinois residents in
poverty who are facing other economic challenges or who have any of a variety
of disabilities or health challenges.
DHS-DMH or DMH or The Illinois
Department of Human Services-Division of Mental Health – A program division of
DHS that, as the State Mental Health Authority pursuant to Department of Human
Services (Mental Health and Developmental Disabilities) Law [20 ILCS 1710], is
responsible for assuring that children, adolescents and adults throughout Illinois
have the availability of and access to public-funded mental health services.
Employee – Any person who provides
direct services or supports to a tenant of Permanent Supportive Housing at the
direction of a DHS contracted vendor. This includes staff on the agency
payroll, contractors, interns and volunteers, regardless of number of hours or
schedules worked or volunteered.
Engagement Services – Home-based
or community-based visits that assist the individual with maintaining their
housing, and providing other wrap-around support, including linkage to
mental health or substance use recovery support services. Such engagement
services shall align with Medicaid-covered tenancy support services, and
Medicaid community-based mental health and substance use treatment services,
including case management, to ensure alignment with any existing or future
Illinois Medicaid benefits, waivers or State plan amendments that include these
services, and to maximize any potential federal Medicaid matching dollars that
may be available to support engagement services [405 ILCS 125/3]
Fair Market Rent or FMR – Maximum
rental amounts payable in specific geographical areas established by HUD.
Family Support Program (FSP) – Formerly
known as the Individual Care Grant program, this program of the Illinois
Department of Healthcare and Family Services (HFS) provides access to intensive
mental health services and supports to youth with a severe emotional
disturbance. The goal of the FSP is to support eligible youth and their families
by strengthening family stability, improving clinical outcomes, and promoting
community-based services.
HIPAA – The Health Insurance
Portability and Accountability Act (42 U.S.C. 1320 et seq.) (45 CFR 160 and 164
(2013)).
Homeless – An individual or family
meeting the definition used by the U.S. Department of Health and Human
Services, Health Resources and Services Administration in Section 330(h)(5)(A)
of the Public Health Services Act (42 U.S.C. 254(b)). A homeless individual
under this definition is an individual who lacks housing (without regard to
whether the individual is a member of a family), including an individual whose
primary residence during the night is a supervised public or private facility
that provides temporary living accommodations, and an individual who is a
resident in transitional housing. This includes individuals who are doubled up
with other households [405 ILCS 125/3].
Housing Assistance Payment
Contract or HAP Contract – A contract executed between the Subsidy Administration
or PSH Provider and the leasing agent (landlord or property management entity).
Housing Dwelling – A house rented
according to the same Fair Market Rate as an apartment located in the same
geographical area. This type of PSH is applicable in rural areas.
Housing Quality Standards or HQS –
HUD's specifications and guidance that outline inspection standards for all PSH
units that fall under this Part.
HUD – The U.S.
Department of Housing and Urban Development.
Individual at High Risk of
Overdose – A person with a substance use disorder who is homeless (or will
be homeless upon hospital discharge or correctional facility release) who has:
had three or more hospital
inpatient or inpatient withdrawal management or community-based
withdrawal management stays for a substance use disorder within the most
recent 12-month period;
had three or more stays in a
State or county correctional facility in the State of Illinois within the most
recent 12-month period; or
been incarcerated in a State or
county correctional facility in Illinois for the most recent 12 consecutive
months; or
had one or more drug overdoses
in the last 12 months [405 ILCS 125/3].
Individual at High Risk of
Unnecessary Institutionalization – A person who has a serious mental illness
who is homeless (or will be homeless upon hospital discharge or correctional
facility release) and who has:
had three or more psychiatric
inpatient hospital admissions within the most recent 12-month period;
had three or more stays in a
State or county correctional facility in the State of Illinois within the most
recent 12-month period; or
been incarcerated in a State or
county correctional facility in Illinois for the most recent 12 consecutive
months; or
had a disability determination
due to a serious mental illness and has been incarcerated in a State or county
correctional facility in Illinois within the most recent 12 consecutive
months [405 ILCS 125/3].
Landlord Property Management Entity
– The owner of one or more units/apartments receiving or approved to receive
rental payments from DHS‑DMH, inclusive of private market and
not-for-profit housing providers.
Long Term Care Facility or LTC
Facility – A facility designated as a nursing home under the Nursing Home Care
Act [210 ILCS 45].
Open Round – The point in time
when DHS-DMH allows applications to be submitted for consideration of a Bridge
Subsidy, excluding a court order, lawsuit or settlement.
Permanent Supportive Housing or PSH
– A self-contained (inclusive of kitchen and bathroom facilities) unit that is
decent, safe and affordable community-based housing. The tenant has rights of
privacy and access; holds a lease, sublease, or occupancy agreement; and has
full rights of tenancy under State and local landlord and tenant laws. Any
services or supports received are voluntary, flexible and designed to meet the
tenants' needs and preferences.
Provider – The local DHS or State
contracted Service Provider. A Provider may also be referred to as
"Agency."
PSH Provider – The DHS-DMH
contracted entities responsible for conducting income verifications, unit
inspections, development of HAP contracts or other agreements with landlords,
and ongoing rental payments in accordance with Section 145.70 through a model
of PSH other than the Bridge Subsidy model.
Rental Assistance – The DHS-DMH
subsidized rental amount paid to a landlord for a unit occupied and leased by a
tenant eligible and approved for a DHS-DMH Bridge Subsidy or PSH program
utilizing a similar model of housing assistance.
Rental Payments – Any payments
made to a landlord in accordance with a lease agreement for a housing unit in
which an individual or family receiving services from a Provider is residing,
whether the executed lease is between the landlord and the Provider (leasing)
or between the landlord and the tenant (rental assistance).
Service Provider – An entity
contracted by DHS or the State to provide publicly-funded support services to
residents of Permanent Supportive Housing.
Serious Mental Illness – Meeting
both the diagnostic and functioning criteria consistent with the definition of
Serious Mental Illness in the most current edition of the Illinois Department
of Human Services/Division of Mental Health Community Mental Health Provider
Manual [405 ILCS 125/3].
Site – Any building, under one
continuous roof, in which a tenant receiving DHS‑DMH Bridge rental
assistance lives. This includes houses, apartment buildings, duplexes and
other living arrangements owned, leased or managed by a rental agent,
management company, property owner, landlord or development entity.
Subsidy Administrator or Subsidy
Administration or SA – The DHS-DMH contracted entities responsible for
conducting income verifications, unit inspections, development of HAP contracts
with the landlord, and ongoing subsidized rental payments in accordance with
Section 145.70 through the Bridge Subsidy model.
Substance Use Disorder – As
defined in Section 1-10 of the Substance Use Disorder Act [20 ILCS 301].
Tenant – For the purpose of this
Part, the words "tenant" and "consumer" are
interchangeable. The tenant must be a consumer of a DHS or State contracted Service
Provider and be in one of the priority populations defined in Section
145.110(g).
Transition Assistance Funds or TAF
– A one-time allocation, as determined by DHS‑DMH, for the specific
purpose of paying security deposits and utility connections (but not for
arrearages) and to assist the tenant in purchasing basic allowable household
needs. Transition Assistance Funds used for the purchase of obtaining
allowable household goods are handled by the Care Manager (see Section 145.200).
Unit – A rental apartment
(efficiency, studio, one bedroom or multiple bedroom apartments) or housing
dwelling that receives DHS-DMH funded rental payments. Housing intended as
transitional or temporary housing does not qualify as a PSH Bridge unit.
(Source: Amended at 47 Ill. Reg. 7096,
effective May 15, 2023)
 |
TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.30 COMPLIANCE WITH FEDERAL AND STATE LAWS
Section
145.30 Compliance with Federal and State Laws
Notwithstanding anything to the contrary, this Part shall be
construed in conformity and compliance with applicable federal and State law.
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.40 NONDISCRIMINATION
Section
145.40 Nondiscrimination
Landlords and property management entities shall comply with
the applicable provisions of the Illinois Human Rights Act [775 ILCS 5] and the
regulations under that Act (see 38 Ill. Adm. Code 800; 44 Ill. Adm. Code 750;
56 Ill. Adm. Code 2500, 2510, 2530 and 2540; and 71 Ill. Adm. Code 2300), the
Fair Housing Act (42 USC 3601), section 504 of the Rehabilitation Act of 1973
(29 USC 794), the Illinois Accessibility Code (71 Ill. Adm. Code 400), and all
other State, federal and local statutes and regulation concerning
discrimination and fair housing.
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.50 PERMANENT SUPPORTIVE HOUSING MODELS
Section
145.50 Permanent Supportive Housing Models
All PSH models will utilize Scattered Sites (as described
below). The DMH PSH Bridge Subsidy model provides rental payments for all of the
following:
a) Scattered Sites
Dwellings that exist in the
private and public rental market for which the tenant holds the lease and
rental payment agreements are made directly with the property owner. Units are
not concentrated in any one building. Living arrangements in scattered-site
housing include:
1) Single
room occupancy (SRO) or studio/efficiency apartments that have self-contained kitchens
and bathrooms;
2) One-bedroom apartments;
3) Two-bedroom
or larger shared apartments as needed to accommodate larger households, live-in
aides, or storage of necessary medical equipment (with no more than two unrelated
consumers per unit under an arrangement agreed to by both consumers); or
4) Single family homes.
b) Project Based
Developments
Multifamily dwellings that were
developed and financed as a project for the purpose of providing supportive or
affordable housing. The tenant holds the lease and rental assistance
agreements are made directly with the landlord or property owner. If the
project development receives public financing, in addition to funding from DHS-DMH,
the funding regulations and tenant selection plans of the public funding entity
(e.g., HUD) supersedes this Part. Living arrangements in project-based
developments include:
1) SRO
or studio/efficiency apartments that have a self-contained kitchen and
bathroom; or
2) One-bedroom
apartments or two-person two-bedroom shared apartments.
c) Master Leasing
Master leasing is a flexible
resource that creates a variety of housing options in terms of housing type,
density and location. This model is based on mutually beneficial relationships
with private landlords or property management entities for which long-term
agreements are made with guaranteed payment in exchange for discounted rental
rates. The master leasing approach shall be focused primarily on existing
rental housing to secure a targeted number of rental units as outlined in
Section 145.210. DHS-DMH will utilize the SA entity to conduct all activities
in accordance with Section 145.70.
(Source: Amended at 47 Ill. Reg. 7096,
effective May 15, 2023)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.60 PERMANENT SUPPORTIVE HOUSING SERVICE LINKAGE
Section
145.60 Permanent Supportive Housing Service Linkage
a) All
DHS-DMH PSH models assure that needed services and supports are available to
the tenant living in a PSH/Bridge Subsidy unit.
1) The
tenant should have access to a flexible and comprehensive array of
recovery-oriented services and supports to assist the tenant in achieving a
successful community adjustment.
2) Services
shall be elective, support the tenant's clinical/therapeutic or treatment
needs to function and live independently in the community, and must be based on
medical necessity. All services shall be provided in mutual agreement with the
person receiving the services.
b) As
part of the enrollment process for PSH, the tenant will be required to consent
to case management visits conducted by the DHS or State contracted vendor at
the tenant's residence, at an alternatively arranged location, or virtually
with assistive technology to help determine the wellness of the tenant.
c) Service
Providers are encouraged to proactively seek to engage tenants in on-site and
community-based services and supports. In addition, Care Managers are
encouraged to work with landlords, as appropriate, to develop and execute
coordinated strategies for addressing issues that may threaten housing
stability for the tenant, such as mental health crisis, substance use and
relapse.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.70 ADMINISTRATION REQUIREMENTS
Section
145.70 Administration Requirements
As determined by DMH, the SA or PSH Provider shall:
a) Serve
as the authorized entity for the administration of rental payments to landlords
and property management entities.
b) Fulfill
the roles outlined in Subpart B, including income certification and annual
income recertification, unit inspections, rent reasonableness determinations, and
lease review. Specifically, the SA or PSH Provider shall:
1) Conduct initial and
annual income verification;
2) Conduct
an inspection of the unit in consideration for leasing, using HUD HQS and
annual reinspection upon lease renewal. The HQS can be found at 24 CFR 982.401;
3) Where
the lease is held by the tenant, initiate a HAP contract with the leasing
agent, landlord or property management entity, as a commitment to pay the
remaining rental balance;
4) Disburse
and ensure that rental payments are received by the landlord and property
management entities by the established rent due date;
5) Maintain
a database and analyze data on the number of PSH housing units utilized by
tenants; and
6) Report
to DMH, as requested, all fiscal and tenant information and participate in all
audits referred by DMH.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
SUBPART B: REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.100 TENANT RIGHTS AND CHOICES
Section
145.100 Tenant Rights and Choices
a) To
assure that tenant rights are protected and that owners/landlords who establish
leases for PSH and/or Bridge subsidized units comply with written law,
providers and rental agents (landlords or property management entities) shall
ensure that:
1) The
tenant's rights are protected in accordance with Chapter 2 of the Mental Health
and Developmental Disabilities Code;
2) The
tenant's right to confidentiality is governed by the Mental Health and Developmental
Disabilities Confidentiality Act and HIPAA;
3) The
tenant has full rights to make choices concerning the level of any services
received;
4) The
tenant has full rights to select a service provider from which services are delivered;
5) The
tenant has full rights to identify the geographic or community areas where he/she
wants to establish residency;
6) The
tenant has rights to be free from abuse, neglect and exploitation; and
7) The
tenant has rights to contact DMH or its designee and to be informed of DMH
policy or protocol for filing complaints or grievances.
b) The
information in this Section shall be explained by the Service Provider
responsible for conducting the case management wellness visits, using language
or a method of communication that the tenant understands. Documentation of the
explanations shall be placed in the tenant's record maintained by the contracted
Service Provider.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.110 ELIGIBILITY CRITERIA FOR THE DHS-DMH PERMANENT SUPPORTIVE HOUSING BRIDGE SUBSIDY MODEL
Section 145.110 Eligibility Criteria for the DHS-DMH
Permanent Supportive Housing Bridge Subsidy Model
a) Individuals
eligible for the PSH Bridge Subsidy model shall meet the following criteria:
1) Have
a clinical diagnosis of serious mental illnesses (SMI) with an exception only
for anyone identified as a Colbert Class Member,
including functional duration, history and severity, for one or more of the
following diagnoses:
A) Schizophrenia;
B) Schizophreniform
Disorder;
C) Schizo-Affective
Disorder;
D) Delusional
Disorder;
E) Psychotic
Disorder;
F) Bipolar
Disorders;
G) Cyclothymic
Disorder;
H) Disruptive
Mood Dysregulation Disorder;
I) Major Depressive
Disorders;
J) Obsessive-Compulsive
Disorder;
K) Anorexia
Nervosa;
L) Bulimia
Nervosa;
M) Post-Traumatic
Stress Disorder;
2) Be an
adult;
3) Have
a current household income at or below 30% of Area Median Income (AMI) as
defined by HUD;
4) Be a
current Medicaid recipient;
5) Be on
a current Public Housing Authority waiting list for a Housing Choice Voucher
(HCV) or agree to register or apply for an HCV or comparable permanent rental
subsidy when registration or application opportunity becomes available;
6) Currently
not receiving rental assistance under a local, State or federal housing
program; and
7) Meet
one of the following criteria:
A) A
resident of an LTC facility as described under the Nursing Home Care Act;
B) At
risk of placement in an LTC facility described under the Nursing Home Care Act;
C) A
patient of an Illinois State-operated psychiatric hospital for eight months or
longer;
D) An
aging-out adolescent or young adult transitioning from the HFS Family Support
Program (FSP);
E) A DCFS
ward aging out of guardianship (89 Ill. Adm. Code 306);
F) A
resident of a DHS-DMH contracted 24-hour Supervised Transitional Residential or
Supported Residential setting including Mental Health Community Integrated
Living Arrangement (59 Ill. Adm. Code 115).
G) Experiencing
homelessness as defined in this Part.
b) Potential
tenants with criminal justice histories may be eligible for the PSH Bridge
Subsidy model contingent on clinical documentation supporting his or her
appropriateness to live independently in the community without 24-hour
supervision, as determined by DMH.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.115 ELIGIBILITY CRITERIA FOR THE HOUSING IS RECOVERY PILOT PROGRAM MODEL
Section 145.115 Eligibility Criteria for the Housing is
Recovery Pilot Program Model
Individuals eligible for the Housing is Recovery Pilot
Program model shall:
a) Meet
one of the following criteria:
1) An
individual at high risk of unnecessary institutionalization who is 18 years of
age or older or is aging out of guardianship under DCFS, and who is
eligible to enroll in, or is enrolled in, Medicaid for the purposes of
receiving mental health treatment pursuant to 89 Ill. Adm. Code 140.
2) An
individual at high risk of overdose who is 18 years of age or older or is aging
out of guardianship under DCFS, and who is eligible to enroll in, or is
enrolled in, Medicaid for the purposes of receiving substance use treatment. [405
ILCS 125/10]
b) Have
a current household income at or below 30% of Area Median Income (AMI) as
defined by HUD;
c) Be on
a current Public Housing Authority waiting list for a Housing Choice Voucher
(HCV) or agree to register or apply for an HCV or comparable permanent rental
subsidy when registration or application opportunity becomes available;
d) Be
placed on, or agree to register for, or apply to be placed on the Illinois
Housing Development Authority's Statewide Referral Network; and
e) Currently
not be receiving rental assistance under a local, State, or federal housing
program.
(Source: Amended at 49 Ill. Reg. 2353,
effective February 18, 2025)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.120 HOUSING SEARCH CRITERIA
Section 145.120 Housing Search Criteria
a) Potential
tenants may choose the geographic location where they would like to reside.
b) Housing location
assistance will be provided by a DMH contracted vendor.
c) Within
60 days after approval to locate and lease a PSH Bridge Subsidy model unit, the
potential tenant must select and identify a unit that passes established HQS
inspection standards and rent reasonableness criteria.
d) Extensions
beyond the 60 days to select and identify a unit for a PSH Bridge Subsidy will
be granted by DMH on a case-by-case basis if the potential tenant has actively
sought housing during the 60-day period and can reasonably be expected to
complete a successful search for a suitable housing unit during the extended
period.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.130 TENANT INCOME AND DOCUMENTATION
Section 145.130 Tenant Income and Documentation
Income is any money earned or benefits payment received by
the tenant. Adjusted gross income is the amount of income earned after any
deductions are made. A tenant rent payment amount shall be calculated based on
adjusted gross income over the most recent three-month period.
a) Income
that is to be considered when calculating a tenant's household gross income
includes:
1) Social Security
Supplemental Income;
2) Social Security
Disability Income;
3) Earned income;
4) Self-employment/business
income;
5) Interest
and dividend income or income from other assets or family sources;
6) Pension/retirement
income;
7) Unemployment income;
8) Temporary Assistance
for Needy Families (TANF); and
9) Armed Forces income.
b) Income
that shall not be considered when calculating tenant's household gross income
includes:
1) Medical expense
reimbursements;
2) Deferred and lump sum
Social Security and SSI payments;
3) Self-Sufficiency
Program income;
4) Student financial aid;
5) Special
pay to a family member serving in the Armed Forces who is exposed to hostile
fire;
6) Income of full-time
students;
7) Income tax and property
tax refunds;
8) Stipends
or allowances to persons with disabilities for basic needs and expenses
associated with integrated and independent living situations or as incentives
for participation in vocational service programs that are funded by a
government entity; and
9) Other temporary,
nonrecurring or sporadic income.
c) The
household must provide the SA or PSH Provider with written documentation of the
specific sources of income included in the gross income calculation.
d) The
SA or PSH Provider shall gather, maintain and determine the validity of the
documentation provided and used to calculate the tenant's rental contribution.
e) If a
tenant does not have income due to a psychiatric or other disability, the
tenant shall be offered the opportunity for assistance with filing a
Supplemental Security Income (SSI)/Social Security Disability Income (SSDI)
Outreach, Access, and Recovery (SOAR) application by the PSH Provider or
another DMH-contracted provider. A tenant is not required to apply for a
disability determination.
(Source: Amended at 47 Ill. Reg. 7096,
effective May 15, 2023)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.140 TENANT RENT PAYMENTS
Section 145.140 Tenant Rent Payments
a) Tenants
shall not be required to pay more than 30% of their adjusted household gross
income for rent for assisted units that meet rent reasonableness and FMR
criteria (see Section 145.150), including an allowance for any consumer paid
utilities.
b) The
rental payment amount shall be determined by the SA or PSH Provider and
communicated and documented to both the tenant and the landlord or property
management entity, and reflected on the HAP contract when the lease is held by
the tenant.
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.150 AMOUNT OF RENTAL ASSISTANCE
Section 145.150 Amount of Rental Assistance
a) The
amount of rental assistance for each unit shall be the difference between the
amount of the rent for the unit and the tenant's rent payments.
b) When
identifying the appropriateness of the amount of rent to be paid for a unit,
the SA or PSH Provider shall complete a rent reasonableness determination.
Prior to approval and signing of a lease, data shall be gathered by the SA or
PSH Provider on a variety of units and used to make a comparability
determination on the affordability and suitability of the unit. The unit must
pass the rent reasonableness determination to be deemed appropriate for PSH
rental payments.
c) Rents
shall not exceed the Fair Market Rent (FMR) established for the geographical
area, as determined annually by HUD. An exception exists if rents throughout
the local community are above FMR and it is highly unlikely that there will be
units available for inclusion in PSH. In these situations, if a tenant seeks
to utilize a housing unit with a rent level greater than the FMR, the SA or PSH
Provider must document the circumstances and obtain the approval of DMH.
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.160 RENT REDETERMINATIONS
Section
145.160 Rent Redeterminations
a) The
tenant shall notify the SA or PSH Provider within 30 days if tenant income
increases by 75% or more. Increases of less than 75% shall be reported during
the Annual Income Re-examination Review process.
b) If a
decrease in income occurs, the tenant should contact the SA or PSH Provider immediately.
The SA or PSH Provider shall then recalculate the tenant's portion of the rent
for the next rent payment based on the decreased income amount.
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.170 TENANTS WITH INCOMES EXCEEDING 30% AMI (OVER-INCOME)
Section 145.170 Tenants with Incomes Exceeding 30% AMI
(Over-Income)
The SA or PSH Provider shall annually recertify the income
of each tenant's household for the most recent three months prior to the
renewal of the lease. If the annual household income exceeds 30% of AMI, the
tenant is no longer eligible for PSH, and a transition plan shall be developed among
the SA or PSH Provider, the community vendor and the tenant.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.180 RENT INCREASES
Section 145.180 Rent Increases
Upon request of the landlord or property management entity,
DMH may allow an annual increase in the rent for the respective unit.
a) The
rent increase must not exceed the existing rent multiplied by the most recent
HUD Annual Adjustment Factor that can be found at http://www.huduser.org/ portal/datasets/aaf.html.
b) Landlords
must address any proposed increases to leases via requests to the SA or PSH
Provider in accordance with leases and contracts.
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.190 HOUSING INSPECTIONS
Section 145.190 Housing Inspections
Before the tenant signs a lease, and annually thereafter, it
shall be the responsibility of the SA to conduct housing inspections of the
unit or the responsibility of the PSH Provider to ensure that housing
inspections are completed to determine compliance with HUD's HQS. In addition
to any violations of compliance with a local code enforcement bureau, the HQS
consists of the following performance requirements:
a) Sanitary bathroom
facilities;
b) Food preparation and
refuse disposal;
c) Space and security;
d) Thermal environment;
e) Illumination and
electricity;
f) Structure and materials;
g) Interior air quality;
h) Water supply;
i) Lead-based paint;
j) Private access;
k) Site and neighborhood;
l) Sanitary conditions
(the unit must be free of vermin); and
m) Smoke detectors.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.200 TRANSITION ASSISTANCE FUNDS PROVIDED UNDER PSH/BRIDGE SUBSIDY MODEL AND HOUSING IS RECOVERY PILOT PROGRAM MODEL
Section 145.200 Transition Assistance Funds Provided
Under PSH/Bridge Subsidy Model and Housing is Recovery Pilot Program Model
a) DMH
may provide one-time Transition Assistance Funds (TAF), identified as a set
amount to be used solely for the purpose of assisting individuals who are in
the process of moving into a PSH unit that has a secured lease. These funds
are to provide basic move-in expenses, obtain basic household items,
pre-approved by DMH, in addition to the payment of security deposit and utility
connection fees, excluding arrearages.
b) TAF
are processed by the designated DHS-DMH contracted Service Provider and
released to the Care Manager upon receipt of supporting documentation approved
by the respective DMH program staff. TAF are restricted in use, only available
to DHS-DMH contacted Service Providers as specified in their contacts, and may
only be applied for the purpose of assisting the tenant in transitioning and
moving into a PSH unit. Responsibility for appropriate expenditure of TAF
rests with the DHS-DMH contracted Service Provider. The tenant, family members
and guardians shall have no access to these funds.
c) TAF
shall be accessed and approved through an established DMH process. TAF cannot
be used to pay arrearages.
d) TAF
may be utilized for items including, but not limited to:
1) Security deposits;
2) Unit application fees;
3) Utility activation
deposits;
4) Furniture;
5) Bedding;
6) Small appliances; and
7) Cleaning equipment and
supplies.
(Source:
Amended at 47 Ill. Reg. 7096, effective May 15, 2023)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.210 LEASES
Section 145.210 Leases
Under the PHS Bridge Subsidy model, the lease for the
housing unit is held by the tenant. Flexible leasing options may be made
available through alternative PSH programs/models funded by DMH, but PSH
Providers will be responsible for compliance with leasing terms as stipulated
in their executed contract and/or PSH program-specific guidance provided by
DMH. There are three options to obtain leases in a PSH Bridge Subsidy model:
a) Under Tenant Executed
Leases:
1) The
landlord or property management entity shall enter into a direct written lease
with each tenant.
2) The
lease shall have a term of no less than 12 months (unless reviewed and approved
by DMH on a case-by-case basis) and shall contain a HAP contract.
3) The
SA shall review each lease to certify to DMH that the lease does not violate
any provisions of State or local law or this Part.
4) The
landlord or property management entity shall provide each tenant and the SA
with a copy of the lease and execute the HAP contract with the SA.
5) The
tenant is responsible for his/her portion of the rent up to 30% of his/her
income (based on the SA's income verification process) paid directly to the
landlord. The SA will pay the remaining amount of the rental balance.
6) Lease responsibilities
for the unit will rest with the tenant.
b) Under an Executed Master
Lease Agreement:
1) The SA
under authorization of DMH, will execute a HAP contract with the landlord or
property management entity for a select number of rental units that will be
held available until a lease is signed with a prospective tenant.
2) The
landlord or property management entities shall enter into a lease with the
tenant that shall have a term of no less than 12 months (unless other lease
terms are approved by DMH).
3) The
SA shall review each lease to certify to DMH that the lease does not violate
any provisions of State or local law or this Part.
4) The
tenant is responsible for his/her portion of the rent up to 30% of his/her
income (based on the SA's income verification process) paid directly to the
landlord. The SA will pay the remaining amount of the rental balance.
5) Lease responsibilities
for the unit will rest with the tenant.
c) Under Project Based
Leases:
1) DMH
can partner with developers, property managers or landlords to identify
apartment unit resources that are either scattered site or within a designated
project.
2) This
partnership would be facilitated under all PSH Bridge Subsidy processes in
order to set up a leasing arrangement for an identified number of unit
resources.
3) The
landlord or property management entities shall enter into a lease with the
tenant that shall have a term of no less than 12 months (unless other lease
terms are approved by DMH).
4) The
contracted SA will monitor this arrangement for either scattered site or project-based
units.
5) The
tenant is responsible for his/her portion of the rent up to 30% of his/her
income (based on the SA income verification process) paid directly to the
landlord. The SA will pay the remaining amount of the rental balance.
6) The
SA shall review each lease to certify to DMH that the lease does not violate
any provisions of State or local law or this Part.
7) Lease responsibilities
for the unit will rest with the tenant.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.220 CONTRACTS WITH LANDLORDS OR PROPERTY MANAGEMENT ENTITIES
Section
145.220 Contracts with Landlords or Property Management Entities
HAP contracts are required for DHS-DMH funded PSH units
where the tenant holds the lease. Flexible leasing options may be made
available through alternative PSH programs/models funded by DMH, but PSH
Providers will be responsible for compliance with leasing terms and other
contractual arrangements as stipulated in their executed contract and/or PSH
program-specific guidance provided by DMH. For rental assistance/subsidy-based
units:
a) The
SA or PSH Provider shall enter into a HAP contract with each landlord or
property management entity for all units that the landlord has negotiated to
receive rental payments.
b) The
HAP contract shall provide that the SA or PSH Provider will make rental
assistance payments to the landlords as instructed by DMH.
c) The HAP contract shall
identify the landlord and SA or PSH Provider.
d) The
term of the HAP contract shall not be less than 12 months (unless
pre-approved).
e) The
units to receive rental assistance must be identified by address and unit
designation.
f) The
rent amount to be charged is to be set forth for each unit and will identify
the tenant's portion of rent (all contracts shall not be greater than the FMR or
rent amount approved by DMH).
g) The
landlord shall abide by the requirements of this Part as detailed in the HAP contract.
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.230 SUBSEQUENT TENANT UNIT RELOCATIONS
Section
145.230 Subsequent Tenant Unit Relocations
a) As
the end of the lease agreement approaches, and with the consent of the
landlord, the tenant shall have a choice to remain in the current unit if the
tenant wishes to do so.
b) If
the tenant chooses to move, the tenant shall notify the landlord, SA or PSH
Provider, and Care Manager no later than 60 days before the lease end date to
facilitate a new housing search.
c) If
the tenant elects to move, he/she will be responsible for paying any newly
incurred security deposit and utility connections, unless there is an
extenuating circumstance. Extenuating circumstances will be reviewed by DMH on
a case-by-case basis. The Department reserves the right to determine the
parameters of extenuating circumstances.
d) To
receive rental payments, all units must pass HQS inspection and the rent
reasonableness determination by the SA or PSH Provider before a lease can be
signed and Bridge Subsidy payment approved.
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.240 TEMPORARY TENANT ABSENCES
Section 145.240 Temporary Tenant Absences
a) For
tenants in PSH programs other than the Housing is Recovery Pilot Program:
1) A
tenant shall continue to maintain eligibility for PSH during brief absences
lasting no longer than 90 days.
2) Tenants
shall continue to maintain eligibility for PSH up to 90 days in cases of
required psychiatric or medical hospitalization or temporary absences from the
unit, as reviewed and approved by DMH.
3) Extensions
beyond 90 days may be granted by DMH when there is a demonstrated likelihood
that the tenant will return to the unit within an additional 30-day period.
b) For tenants in the
Housing is Recovery Pilot Program:
1) A
tenant shall continue to maintain eligibility for the subsidy during brief absences
lasting no longer than six consecutive months.
2) During
a stay in a LTC Facility, Institution for Mental Disease (IMD), Specialized
Mental Health Rehabilitation Facility (SMHRF), residential substance use
disorder treatment program, or correctional facility of less than six months,
the program will continue to pay the subsidized portion of the rent.
3) A
subsidy does not terminate if the subsidy holder is required to move multiple
times due to landlord eviction or does not engage in treatment. Termination
shall occur only as outlined in Section 145.250.
(Source:
Amended at 47 Ill. Reg. 7096, effective May 15, 2023)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.250 PROGRAM TERMINATIONS AND APPEALS
Section 145.250 Program Terminations and Appeals
a) A
tenant may be terminated from PSH, after all attempts at tenant participation
and mitigation have failed, under any one or more of the following
circumstances, unless a reasonable modification of this policy is necessary to
prevent the exclusion or denial of benefits of the program and service on the
basis of disability pursuant to Title II of the Americans with Disabilities Act
(42 U.S.C. 12101):
1) Missing
their portion of the rent payment three times or more within an existing
current lease period (late payments are not an immediate factor);
2) Refusing
to pay their portion of the rent as stipulated in the lease agreement;
3) Refusing
to allow or respond to requests for case management wellness visits (in-home,
at alternative locations, or virtual) as deemed appropriate by the contracted Service
Provider;
4) Serious
and repeated lease violations that pose a threat or serious hazard to other
residents of the rental property;
5) Convictions by a court
of law for a felony offense;
6) Failure
to accept an offer for a permanent rental subsidy when one is made available;
7) Receiving
rental payments while residing in a unit owned by any family member of the
tenant (unless DMH has determined and approved the rental of the unit as
providing reasonable accommodations for a person with a disability);
8) Subleasing the unit,
assignment of the lease or transfer of the unit;
9) Excessive
and continuous damage to the unit or premises by the tenant or any guest to the
unit or premises;
10) Engaging
in or allowing a guest to engage in any behavior that disturbs the peaceful and
quiet enjoyment by others of the premises and the neighborhood;
11) Engaging
in or allowing a guest to engage in drug-related criminal activity or violent
criminal activity or other criminal activity that threatens the health, safety
or right to peaceful enjoyment of other residents and persons residing in the
immediate vicinity of the premises;
12) Illegal
possession or use of a firearm or aggravated assault weapon in violation of
federal, State or local criminal or civil laws;
13) Failure
to complete an Annual Income Re-examination Review with the SA or PSH Provider;
and
14) Fraud,
including falsifying income, unauthorized occupants in the housing unit, or
deliberate failure to report changes in household composition that would affect
program eligibility.
b) If a termination occurs
from PSH:
1) The
tenant shall be responsible for 100% of the total rent amount as of the date
that the final termination determination notice is released by the SA or PSH
Provider and as authorized by DMH; and
2) The
SA shall inform the landlord in writing directly of the tenant's exit from PSH
and the termination of rental payments.
c) A
tenant has the right to appeal a termination decision. The tenant or their
representative must submit a written notice for an appeal to DMH. This notice
is to be received by DMH within 15 calendar days from receipt of the Bridge
Subsidy or PSH termination letter. The notice must contain a clear statement
disputing the reasons for termination. The notice is to be mailed to:
Housing Coordinator
Department of Human Services-Division
of Mental Health
122 S Michigan Avenue, 20th
Floor
Chicago IL 60603
d) DMH
will convene an appeal hearing within 15 days after receipt of the appeal
notice. The appeal hearing committee members shall be composed of the DMH
Housing Coordinator, the Deputy Director of Systems Rebalancing, or the Deputy
Director of Community Programs and the assigned SA or PSH Provider.
e) The
tenant and/or their representative will be notified of the hearing by phone and
mail. At least three attempts at phone contact should be made to ensure that
the tenant and/or their representative are aware of the hearing. The tenant or
representative may be present to provide written or verbal objections to the
termination at the time of the hearing.
f) DMH
will issue its written determination decision to the tenant and/or
representative within two work days after the appeal hearing.
g) Depending
on the circumstances of termination, a former PSH tenant may reapply for a
Bridge Subsidy, when an open round becomes available, by submitting a formal
letter of request to the DMH Housing Coordinator, accompanied with a letter of
support from a State contracted Service Provider.
(Source:
Amended at 47 Ill. Reg. 7096, effective May 15, 2023)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.260 FORMS AND PROCEDURES FOR PERMANENT SUPPORTIVE HOUSING
Section 145.260 Forms and Procedures for Permanent
Supportive Housing
DMH may prepare, use, supplement and amend forms,
agreements, documents and procedures as may be necessary to implement PSH and
the Bridge Subsidy model. Except as otherwise permitted by this Part or by
DMH, all providers must use the forms prepared by DMH.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
SUBPART C: LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.300 RECORD SUBMISSION AND RETENTION
Section 145.300 Record Submission and Retention
Landlords shall maintain monthly records of tenant's rental
assistance payments received for each unit, including unit vacancies under
Master Leasing Agreements, for the term of the lease. Landlords shall notify
the SA or PSH Provider by phone or mail within seven days after the rent due
date if the tenant's portion of the rent has not been received.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.310 LEAD-BASED PAINT
Section 145.310 Lead-Based Paint
a) All units eligible for
PSH must be free of lead-based paint hazards.
b) Before
the execution of the lease, the responsible landlord or property management
entity shall certify to the SA or PSH Provider that the housing unit contains
no lead-based paint hazards.
c) For
units in buildings constructed prior to January 1, 1978, this certification
must include assurance that the landlord or property management entity has
visually inspected the unit for lead-based paint hazards and, if lead hazards
have been found, has performed remediation, abatement or encapsulation in
conformance with federal and State law (Lead Poisoning Prevention Act [410 ILCS
45]).
(Source:
Amended at 45 Ill. Reg. 11027, effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.320 HOUSING QUALITY STANDARDS
Section 145.320 Housing Quality Standards
Landlords must maintain each unit in compliance with the HQS
that can be found at 24 CFR 982.401.
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.330 COMPLIANCE WITH STATE AND LOCAL LAWS
Section 145.330 Compliance with State and Local Laws
Landlords must certify to the SA or PSH Provider that the
lease for each unit receiving rental assistance does not violate State or local
laws or this Part.
(Source: Amended at 45 Ill. Reg. 11027,
effective August 30, 2021)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 145
PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL
FOR PERSONS WITH MENTAL ILLNESSES
SECTION 145.340 EVICTION
Section 145.340 Eviction
Landlords shall have the right to evict a tenant from a unit
for good cause, as permitted through the lease agreement in accordance with
State and local laws.
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