il-v50i43-59-ill-adm-code-145: 59 Ill. Adm. Code 145 — Permanent Supportive Housing & Bridge Subsidy Model for Persons with Mental Illnesses

1) Heading of the Part: Permanent Supportive Housing & Bridge Subsidy Model for Persons with Mental Illnesses 2) Code Citation: 59 Ill. Adm. Code 145 3) Section Numbers: Adopted Actions: 145.15 New Section 145.190 Amendment 4) Statutory Authority: Implementing and authorized by Section 73 of the Mental Health and Development Disabilities Administrative Act [20 ILCS 1705]. 5) Effective Date of Rule: October 8, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the Adopted Rule, including any material incorporated, is on file in the Agency's principal office and is available for public inspection. 9) Notice of Proposal published in the Illinois Register: 50 Ill. Reg. 7442; May 29, 2026 10) Has JCAR issued a Statement of Objection to this rule? No 11) Differences between Proposal and Final Version: None 12) Have all changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR? Yes 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any rulemakings pending on this Part? No 15) Summary and purpose of rulemaking: 59 Ill. Adm. Code 145 provides the criteria for the permanent supportive housing and bridge subsidy model for persons with mental illnesses. Section 145.190 regarding Housing Inspections is being amended to adopt the U.S. Department of Housing and Urban Development's (HUD's) National Standards for the Physical Inspection of Real Estate (NSPIRE), outlined in 24 CFR Part 5 Subpart G; DEPARTMENT OF HUMAN SERVICES NOTICE OF ADOPTED AMENDMENTS the rule retains a requirement to comply with applicable State and local code requirements. Section 145.15 is being added as an incorporation by reference section and will note that any incorporations by reference are as of the date specified and do not include any later amendments or editions. These amendments are necessary to follow best practices set by HUD, ensuring housing inspection requirements align with HUD's current federal standards. This rulemaking will ease administrative burden and confusion for providers by allowing a single inspection protocol and will alleviate provider concerns over the challenge of being trained in Housing Quality Standards (HQS) inspections, as previously required. 16) Information and questions regarding this adopted rulemaking shall be directed to: Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3 Floor Springfield, Illinois 62762 (217) 785-9772 DHS.AdministrativeRules@illinois.gov The full text of the Adopted Amendments begins on the next page: DEPARTMENT OF HUMAN SERVICES NOTICE OF ADOPTED AMENDMENTS TITLE 59: MENTAL HEALTH CHAPTER I: DEPARTMENT OF HUMAN SERVICES PART 145 PERMANENT SUPPORTIVE HOUSING & BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES SUBPART A: GENERAL PROVISIONS Section 145.10 Purpose 145.15 Incorporation by Reference 145.20 Definitions 145.30 Compliance with Federal and State Laws 145.40 Nondiscrimination 145.50 Permanent Supportive Housing Models 145.60 Permanent Supportive Housing Service Linkage 145.70 Administration Requirements SUBPART B: REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING Section 145.100 Tenant Rights and Choices 145.110 Eligibility Criteria for the DHS-DMH Permanent Supportive Housing Bridge Subsidy Model 145.115 Eligibility Criteria for the Housing is Recovery Pilot Program Model 145.120 Housing Search Criteria 145.130 Tenant Income and Documentation 145.140 Tenant Rent Payments 145.150 Amount of Rental Assistance 145.160 Rent Redeterminations 145.170 Tenants with Income Exceeding 30% AMI (Over-Income) 145.180 Rent Increases 145.190 Housing Inspections 145.200 Transition Assistance Funds Provided Under PSH/Bridge Subsidy Model and Housing is Recovery Pilot Program Model 145.210 Leases 145.220 Contracts with Landlords or Property Management Entities 145.230 Subsequent Tenant Unit Relocations DEPARTMENT OF HUMAN SERVICES NOTICE OF ADOPTED AMENDMENTS 145.240 Temporary Tenant Absences 145.250 Program Terminations and Appeals 145.260 Forms and Procedures for Permanent Supportive Housing SUBPART C: LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES Section 145.300 Record Submission and Retention 145.310 Lead-Based Paint 145.320 Housing Quality Standards 145.330 Compliance with State and Local Laws 145.340 Eviction AUTHORITY: Implementing and authorized by Section 73 of the Mental Health and Development Disabilities Administrative Act [20 ILCS 1705]. SOURCE: Adopted at 40 Ill. Reg. 7866, effective May 20, 2016; amended at 45 Ill. Reg. 11027, effective August 30, 2021; amended at 47 Ill. Reg. 7096, effective May 15, 2023; amended at 49 Ill. Reg. 2353, effective February 18, 2025; amended at 50 Ill. Reg. 15581, effective October 8, 2026. SUBPART A: GENERAL PROVISIONS Section 145.15 Incorporation by Reference Any rules or standards of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified and do not include any later amendments or editions. (Source: Added at 50 Ill. Reg. 15581, effective October 8, 2026) SUBPART B: REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING 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 the National Standards for the Physical Inspection of Real Estate (NSPIRE), as set forth in 24 CFR 5, Subpart G (2023), and DEPARTMENT OF HUMAN SERVICES NOTICE OF ADOPTED AMENDMENTS with any applicable State or local code requirements.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 50 Ill. Reg. 15581, effective October 8, 2026)