1. A. All residents shall live in:

   1. (1) An apartment which is:

      1. (a) Negotiated by the agency for independent living purposes;
      2. (b) Inspected and approved for occupancy by the appropriate agencies for the local jurisdiction in which it is located; and
      3. (c) Occupied overnight with no more than two occupants, both of whom are residents of the agency private independent living program; and
   2. (2) A living arrangement approved by the Administration prior to the implementation of this chapter according to the requirements of COMAR 01.04.04.12.

2. B. All residents shall maintain the apartment in a manner which:

   1. (1) Reflects positive self-esteem;

   2. (2) Is free from:

      1. (a) Garbage;
      2. (b) Debris;
      3. (c) Dirt;
      4. (d) Drugs;
      5. (e) Drug paraphernalia;
      6. (f) Offensive odors; and
      7. (g) Clutter; and
   3. (3) Prevents damage, marring, theft, or destruction of apartment property.

3. C. The agency shall document that it has communicated regularly with the apartment management that:

   1. (1) The apartments shall be regularly:

      1. (a) Painted;
      2. (b) Pest controlled; and
      3. (c) Repaired of faulty equipment;
   2. (2) Public areas shall be cleaned and maintained; and
   3. (3) Resident complaints shall be addressed in a timely and efficient manner.

4. D. The agency shall negotiate a payment accommodation with the rental organization which:

   1. (1) Provides that the agency shall pay the rent in accordance with a lease; or
   2. (2) Arranges that the resident shall pay the rent in accordance with a lease.

5. E. The agency shall have and follow a written policy concerning a resident's:

   1. (1) Payment for damage caused or allowed by the resident to the apartment; and

   2. (2) Restitution by the resident for the resident's theft of or damage to property of the agency's:

      1. (a) Staff persons;
      2. (b) Residents; or
      3. (c) Corporation.

Authority: Family Law Article, §§5-327(b) and 5-501—5-521, Annotated Code of Maryland

Effective date: June 23, 2003 (30:12 Md. R. 787)