Legal Grounds for Eviction in California Assisted Living Facilities
In California, assisted living facilities, referred to as Residential Care Facilities for the Elderly (RCFEs), must adhere to state regulations regarding involuntary transfers or evictions. There are only five legally recognized reasons for a facility to evict a resident, which must be included in the resident's admission agreement.
The Five Legal Reasons for Eviction
California law strictly limits the grounds for RCFE evictions. The authorized reasons are:
- Non-payment: Failure to pay for basic services within 10 days of the due date.
- Violation of state or local law: Engaging in illegal behavior after receiving written notice.
- Failure to comply with facility policies: Not following written facility policies necessary for harmonious living, provided these policies are in the admission agreement.
- Inappropriate care needs: A determination, following assessment, that the facility cannot safely meet the resident's changing needs.
- Change of use: The facility changing its purpose and no longer operating as an RCFE.
Notice Requirements for Assisted Living Evictions
California law mandates specific written notice procedures for RCFE evictions. Generally, a 30-day notice is required. However, a 60-day notice is necessary for changes of use or facility closures. Legislation has been proposed to extend the notice period for long-term residents. In rare emergencies where a resident's behavior poses an immediate threat, a facility may request permission from Community Care Licensing for a 3-day notice. The notice must detail the eviction reason, effective date, and resources like the Ombudsman. It must also inform the resident that forced removal requires a court-ordered unlawful detainer action and that they have the right to contest the eviction.
Comparison of Standard vs. Emergency Eviction Procedures
| Feature | Standard (30-Day) Eviction | Emergency (3-Day) Eviction |
|---|---|---|
| Grounds | Non-payment, violation of law/policies, inability to meet care needs, change of facility use. | Behavior posing an immediate threat to health or safety. |
| Notice Period | 30 days minimum (can be longer for change of use or long-term residents). | 3 days maximum. |
| Licensing Approval | Not required for initial notice, but the resident can file a complaint with licensing to trigger an investigation. | Written approval from the licensing agency is required before the notice is served. |
| Resident Rights | Resident can appeal to the Long-Term Care Ombudsman and contest the eviction in court. | Resident can still contest the eviction, but the expedited timeline requires swift action. |
| Relocation Assistance | The facility must include a list of resources to assist with relocation. | The facility must assist the resident with relocation, if needed. |
The Eviction Appeal Process and Resident Protections
Residents receiving an eviction notice have avenues to challenge it. Filing a complaint with the California Department of Social Services' Community Care Licensing Division and the Long-Term Care Ombudsman Program is recommended. These bodies can investigate the eviction's validity and procedure. If a resident remains after the notice period, the facility must pursue an unlawful detainer action in court to achieve forced removal, similar to landlord-tenant evictions. Residents have the right to contest this court action. It is illegal for facilities to retaliate against residents for filing complaints. The Long-Term Care Ombudsman Program offers valuable assistance to residents and families facing eviction.
California Health and Safety Code: Residential Care Facilities for the Elderly
Conclusion
California law provides significant protections against unwarranted RCFE evictions. Facilities must adhere to five specific legal grounds and strict notice requirements. Understanding these regulations and the appeal process empowers residents and families to challenge improper evictions and protect their rights. Contacting the Long-Term Care Ombudsman and seeking legal counsel are vital first steps when an eviction notice is received.
