Independent Living in Tennessee

Tennessee’s state agencies don’t regulate independent living communities unless they share a building or campus with an assisted-care living facility (ACLF) or memory care facility. Because of this, general housing and rental regulations are all stand-alone independent living communities need to follow. However, some communities may have their own requirements, such as residents needing to be 55+.

Regulations for independent living communities on a senior care campus

In cases of independent living communities sharing a campus or building with an ACLF and/or memory care unit, they must follow the same regulations those facilities do. The Tennessee Department of Health, Board for Licensing Health Care Facilities licenses these facilities and ensures state policy compliance.

Regulations for stand-alone independent living communities

Stand-alone independent living communities don’t have statewide regulations, so landlords and tenants carry the responsibility of complying with housing and apartment guidelines. A landlord’s obligations to tenants include:^[01]

• Providing exclusive possession of the property, meaning the landlord cannot enter the property without permission unless it is to make emergency repairs
• Giving access to all utilities
• Maintaining the property by making necessary repairs within a reasonable amount of time
• Keeping common areas safe and clean in locations such as apartment complexes
• Providing a dumpster or other place to put garbage

Similarly, tenants are required to:^[01]

• Pay rent on time
• Keep the dwelling clean
• Obey any written rule in the rental agreement
• Allow the landlord to enter to make emergency repairs or to show the property to a possible new tenant (if the landlord provides advance notice)
• Notify the landlord if they plan to vacate the property for more than seven days
• Tell the landlord in advance if they plan to move out

Protections against discrimination

The Fair Housing Act, Americans with Disabilities Act (ADA), and Section 504 of the 1973 Rehabilitation Act protect Tennessee tenants from renting discrimination. The Tennessee Human Rights Act further prohibits prejudice based on a person’s:^[02]

• Color
• Creed
• Disability
• Familial status
• National origin
• Race
• Religion
• Sex

Landlords must also allow reasonable accommodations and modifications to the property. Reasonable accommodations refer to a change in rules, policies, or procedures to allow a person with a disability to use or fully enjoy a dwelling or common area. This includes requests such as waiving a no-pets policy for someone with a service animal or reserving a parking spot near a building entrance for someone with mobility issues.

Reasonable modifications are similar but involve physical changes to a property. Though landlords often pay for these modifications, provided there is no extreme financial burden, tenants may pay under certain circumstances. Examples that qualify as reasonable modifications include installing a ramp into a building, lowering the entry threshold of a unit, or adding grab bars in the bathroom.^[03]

How to find independent living community inspection reports

Though Tennessee doesn’t require inspection reports at a state level, it advises tenants and landlords to examine the property before signing a lease and after the tenant’s move-out date.^[01]

State inspections and complaint investigations

Independent living communities that share a building or campus with an ACLF and/or memory care unit are subject to periodic inspections. The Department of Health sends a representative to a facility within 15 months of its last inspection as part of the license renewal process and to ensure compliance with state regulations. If the representative discovers a violation, a Plan of Correction (PoC) is sent to the facility, who must develop a corrective proposal with 10 days of receiving the PoC. Staff and residents can file complaints with the Division of Health Care Facilities to prompt an earlier inspection.

Finding state inspection reports

Licensure inspection reports are unfortunately not as readily available as other states. The Department of Health’s online tool does allow you to see a facility’s licensure status and any disciplinary actions filed against it, though. You can find a specific facility by typing its name or county, or by selecting the “assisted care living facility” option from the dropdown menu. The department’s website also recommends calling the Division of Health Care Facilities at 615-741-7221 with any questions you may have about a facility. You can similarly contact the long-term care ombudsman if you’re curious about a facility’s violation history.

Tennessee Department of Health contact information

Tennessee Department of Health
710 James Robertson Parkway

Nashville, TN 37243
Phone Number: 615-741-3111