It depends:
If the landlord knows that the tenant is a consumer of mental health services, and the agency pays the landlord directly, then the landlord is a business associate that was given PHI, and the agency should get a Business Associate Agreement signed (particularly in the case of a landlord in a small building or 2 family house where the landlord becomes involved to some degree in the person’s care, e.g. will alert staff when someone seems to be decompensating); OR
If you disclose to the landlord that the tenant is a consumer of mental health services, but the consumer is on the lease, not the agency, and the agency does not send money directly to the landlord, then it is wise to get an individual authorization from the client to disclose the client’s status to the landlord, but you would not need a Business Associate Agreement; OR
If agency staff is helping the client find an apartment and the landlord is NOT told that the client is a consumer of mental health services and could not reasonable tell such information from the agency staff’s involvement, and the agency has NO business relationship with the landlord, then nothing is required.
Some agencies have reported that they have asked landlords to sign a Business Associate Agreement but they have refused. It would be unrealistic and unreasonable to expect that an agency would break a lease and move a client because of this refusal. Where a Landlord refuses to sign, we would ensure receipt of an authorization.