A licensee must give 30 days written notice delivered in person or via mail to the resident and/or resident's responsible party. Three (3) day evictions (aka expedited evictions) are possible with approval from the Department. Approval for an expedited eviction will only be granted if the Department finds good cause. Good cause exists if the facility can prove the resident is engaging in behaviors threatening to the well-being of other residents.
Title 22 87224: A facility may evict a resident for 1 or more of the following reasons:
1) Non-payment of the rate for basic services within 10 days of due date. Basic services at a minimum are defined in Title 22, §87464 (LINK) and services considered basic by the facility are to be specified in the signed admissions agreement. If a resident becomes a recipient of SSI/SSP during their stay, the facility cannot evict the resident for a change in the resident's income status and must continue to provide basic services as stated in the admissions agreement to the resident at the SSI/SSP basic rate. (For Fee Schedule SEE SSI (LINK) (family not make up difference FAQ:)
2) Failure of a resident to comply with state or local law after a written notice of the alleged violation has been issued from the appropriate authorities. The violation must be deemed as one that affects the well-being of other residents. For example, a driving violation would not be grounds for eviction unless the resident was responsible for driving other residents.
3) Failure of a resident to comply with the written policies of the facility. These policies must be contained in the signed admissions agreement. Said policies must be in place for the purpose of making communal living possible.
4) If a resident is deemed through a reappraisal to be no longer appropriate for the facility. While the licensee can conduct the reappraisal (§87463), they must bring any significant changes in a resident's condition to the attention of the resident's physician, family and responsible party and must arrange a meeting to include all parties. It has been noted that some facilities attempt to misuse this section as an opportunity to dump a difficult or high-needs resident. If the facility should have reasonably predicted the resident's current condition during the admissions process and admitted them in spite of, than the facility remains responsible for providing the necessary care. For example, if the resident is admitted with a diagnosis of dementia and begins to wander, it is the facility's responsibility to properly address this behavior. They cannot seek the remedy of eviction since this is not a change in condition but rather a behavior that should have been anticipated by the licensee given the resident's diagnosis of dementia.
Should a reappraisal determine that the resident has a developed a prohibited health condition (link) then the facility may request a waiver to retain the resident or the resident will need to be moved to a higher level of care.
Note to consumer: LPAs are not medical professionals and are, therefore, limited in their ability to determine whether or not a facility is truly qualified for a waiver that expands the scope of care of a facility. CARR recommends families discuss with a trusted physician or nurse, the specific requirements and attention necessary to ensure the health of a medically-compromised resident living in a non-medical environment. Additionally, families’ continued vigilance is paramount in all circumstances surrounding changes in conditions.
5) A change in the use of the facility.
Eviction notices must include:
- Reasons for the eviction, specific facts, dates, places, witnesses and circumstances
- Information about resources to assist in locating alternative housing and care options (i.e. public & private placement agencies & care managers)
- Information about a resident's rights to file a complaint with the Department regarding the eviction alongside contact information for State & Local Long-term Care Ombudsman offices (LINK)
Contesting an Eviction
- Residents have the right to file a complaint regarding evictions. Residents and/or their families can contact the local Community Care Licensing Office. The Department is mandated to investigate a complaint within 10 days. Click here for a list of Program Offices and contact information.
- Should a resident remain after the effective date of the eviction, then the facility must file an unlawful detainer action with the superior court and get a written judgment signed by a judge to have the resident evicted. Only a sheriff or sheriff's deputy is authorized to physically evict a resident. A licensee is not authorized to take any physical action to remove the resident and/or their belongings from the facility or deny them access.
- During the 30 days and after (should the resident remain) it is still the facility's responsibility to provide uninterrupted care and services to the resident.
More information on enforcement of these polices can be found in CANHR's archive.
Notes in italics represent the views and/or experience of CARR regarding this topic and/or regulation.