Nursing home evictions have become a serious issue within the larger topic of nursing home abuse and neglect in California and throughout the country. Organizations such as AARP are getting involved in stopping illegal nursing home evictions and questioning the ways in which both federal and state law provides protections to seniors who are being kicked out of facilities. While many commentators are discussing illegal evictions from nursing homes, what about illegal evictions from assisted-living facilities and residential care facilities for the elderly (RCFEs) in California?
All of this talk about unlawful nursing home evictions begs the question: What are an elderly person’s rights when it comes to evictions from RCFEs? California Advocates for Nursing Home Reform (CANHR) provides a fact sheet on RCFEs and eviction protection. We want to discuss RCFE evictions with you and help you to understand steps to take when an elderly loved one becomes vulnerable.
What are the Lawful Reasons that an Elderly Resident of an RCFE can be Evicted?
There are not many reasons that a resident of an RCFE in San Marcos or elsewhere in San Diego County can lawfully be evicted. The following are the only reasons that CANHR recognizes for lawful evictions:
- Resident of the RCFE fails to pay for services within 10 days of the due date of the bill;
- Resident violates a California state or federal law even after receiving notice of the alleged violation (for instance, if a resident violates the terms of probation, commits an assault, or uses illegal drugs);
- Resident fails to follow written policies of the RCFE that are designed to promote healthy living among residents and that are also stated or otherwise referenced in the Admission Agreement;
- RCFE determines that it cannot meet the care needs of the resident after it conducts a formal assessment; and/or
- RCFE surrenders its license and no longer will be functions as a Residential Care Facility for the Elderly.
What are some reasons that a resident of an RCFE cannot be evicted? An RCFE cannot evict a resident for the following:
- Refusing to sign a new admission agreement;
- In retaliation for reporting an incident of elder abuse or neglect; and/or
- In retaliation for filing a complaint with or requesting an inspection from the Department of Social Services.
When an RCFE Makes Plans to Evict a Resident
Even if an RCFE has a lawful reason to evict an elderly resident, it is most likely still required to provide at least a 30-day written notice to that resident. According to CANHR, if a resident has been living in an RCFE for longer than one year, then the resident may be able to argue that he or she is entitled to a 60-day notice of eviction. In some cases, quicker eviction notices may be lawful. When the RCFE provides a written notice of eviction, that notice is required to contain the following information;
- Reason(s) for the eviction;
- Facts about the reason for the eviction (for instance, dates and circumstances of the incident that is resulting in eviction);
- Date eviction is effective;
- Resources for the resident to find alternative care options;
- Information about the RCFE resident’s rights when it comes to filing a complaint; and
- Statement clarifying how the RCFE must receive a court order to evict a resident who stays in the facility after the effective date of eviction.
Seek Advice from a San Marcos Elder Abuse Lawyer
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