Residents’ Rights

No matter the type of facility, residents have rights. Know them before signing a lease or contract

Fact checked by Jim Lacy

You’re about to sign a lease at a retirement community or a contract for your dad’s assisted living facility. You’ve asked about landscaping, utilities, and laundry. But have you asked about residents’ rights?

If not, you should. Contracts often don’t spell them out, but Illinois residents have rights.

“A lot of [patients] or their families have the belief that they have to accept what is being told by the facility,” says Matt Holmes, a Chicago-based hospice chaplain. But he adds that people who live in these facilities have autonomy.

It’s not just patients who have rights. Retirees in independent living communities do, too. In each setting, there are safeguards for residents, though facilities can evict people from independent living, and visitation policies vary.

Residents and caregivers should remember that these facilities are the residents’ homes. “Long-term care homes certified through Medicare and Medicaid or licensed by the Illinois Department of Public Health have a responsibility to provide person-centered care to all residents residing in those facility types,” says Kelly Richards, Illinois’s long-term care ombudsman.

These rights protect residents’ ability to live the way they want within their community. “You may get up at 10 or 11. Do a care plan and assessment so staff learn what your needs, wants, and desires are — [such as] popcorn or wine at night,” Richards says.

Still, navigating senior housing options can be confusing. Each type of facility comes with its own set of rights — and its own rules. Facilities have rights, too.

For example, the state permits eviction if a resident poses a danger to others.

Amy DeLaney, a certified elder law attorney in Chicago, recalls one client who faced this challenge. The man had frontal lobe dementia and used a wheelchair. His dementia caused him to make offensive remarks to female staff, and his facility sought to evict him. But the court found that because he wasn’t mobile, he wasn’t a danger, and a judge halted the eviction.

“It was decided that he was not a physical danger, and although he was quite offensive, there was not a reason for discharge. That’s unique to Illinois statute,” DeLaney says.

For independent living facilities, tenant-landlord laws apply. These laws govern leases, protect renters’ rights, and provide landlord protections. They cover issues such as eviction, security deposits, and habitability standards.

The Assisted Living and Shared Housing Act protects the dignity, autonomy, and decision making of residents in private-pay assisted living facilities. The federal government also gives these residents specific rights, including the right to choose a healthcare provider and to appeal payment decisions.

Residents whose care is paid for by Medicaid are protected by a broader set of rights. These include:

Privacy and access to food and the community
The right to continue an exercise program
The right to decorate their room
Access to food at any time
Transportation to participate in community life
The right to stay in the facility if their payment source changes from private pay to Medicaid
The right to a single, permanent room

DeLaney cautions that some facilities insert contract provisions requiring arbitration or shifting payment responsibility to the family if the resident can no longer pay — clauses that may violate federal law.

So what should families do before signing on the dotted line? DeLaney recommends having a lawyer review the contract.

And Holmes adds that residents and families should advocate for themselves. “The patient knows themselves the very best,” he says. “And family second to that. Lean into that, and don’t be afraid to use that expertise.”