§ 87224 — Eviction Procedures

(a)  The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5).  Thirty (30) days written notice to the resident is required except as otherwise specified in paragraph (5).

(1)  Nonpayment of the rate for basic services within ten days of the due date.

(2)  Failure of the resident to comply with state or local law after receiving written notice of the alleged violation.

(3)  Failure of the resident to comply with general policies of the facility.  Said general policies must be in writing, must be for the purpose of making it possible for residents to live together and must be made part of the admission agreement.

(4)  If, after admission, it is determined that the resident has a need not previously identified and a reappraisal has been conducted pursuant to Section 87463, and the licensee and the person who performs the reappraisal believe that the facility is not appropriate for the resident.

(5)  Change of use of the facility.

    (A)  The licensee may, upon no less than sixty (60) days written notice, evict a resident due to change of use of the facility.

      1.  In addition to written notice to quit requirements specified in Section 87224(d), written notice to evict due to change of use of the facility shall be made to the resident or the resident’s responsible person and shall include all requirements specified in Section 1569.682(a)(2)(A) through (F) of the Health and Safety Code.

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Health and Safety Code section 1569.682(a)(2)(A) through (F) provides:

"(a)  A licensee of a licensed residential care facility for the elderly shall, prior to transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license, as described in subdivision (a), (b), or (f) of Section 1569.19, or a change of use of the facility pursuant to the department’s regulations, take all reasonable steps to transfer affected residents safely and to minimize possible transfer trauma, and shall, at a minimum, do all of the following:
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  (2)  Provide each resident or the resident’s responsible person with a written notice no later than 60 days before the intended eviction. The notice shall include all of the following:

    (A)  The reason for the eviction, with specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the reasons.

    (B)  A copy of the resident’s current service plan.

    (C)  The relocation evaluation.

    (D)  A list of referral agencies.

    (E)  The right of the resident or resident’s legal representative to contact the department to investigate the reasons given for the eviction pursuant to Section 1569.35.

    (F)  The contact information for the local long-term care ombudsman, including address and telephone number.

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(b)  The licensee may, upon obtaining prior written approval from the licensing agency, evict the resident upon three (3) days written notice to quit.  The licensing agency may grant approval for the eviction upon a finding of good cause.  Good cause exists if the resident is engaging in behavior which is a threat to the mental and/or physical health or safety of himself or to the mental and/or physical health or safety of others in the facility.

(c)  The licensee shall, in addition to either serving the required thirty (30) days notice, sixty (60) days notice, or seeking approval from the Department and service three (3) days notice on the resident, notify or mail a copy of the notice to quit to the resident's responsible person.

(d)  The licensee shall set forth in the notice to quit the reasons relied upon for the eviction with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons.

  (1)  The notice to quit shall include the following information:

    (A)  The effective date of the eviction.

    (B)  Resources available to assist in identifying alternative housing and care options which include, but are not limited to, the following:

      1.  Referral services that will aid in finding alternative housing.

      2.  Case management organizations which help manage individual care and service needs.

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Available resources to assist in identifying alternative housing and care options include, but are not limited to:

  •  California Department of Social Services, Facility Search webpage
http://www.cdss.ca.gov/inforesources/Community-Care-Licensing/Facility-Search-Welcome

  •  California Department of Social Services “Other Links and Partner Agencies” webpage
http://www.cdss.ca.gov/inforesources/Community-Care/Other-Links-and-Partner-Agencies

  •  California State Long-Term Care Ombudsman
https://www.aging.ca.gov/ProgramsProviders/LTCOP/

Licensees may contact advocacy organizations and provider associations to assist in developing a list of resources. Licensees may also refer to the Department’s “Other Links and Partner Agencies” webpage for additional information.

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    (C)  A statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office.

    (D)  The following exact statement as specified in Health and Safety Code Section 1569.683(a)(4): "In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing."

(e)  Upon request of a resident, or his/her designated representative, the Department shall, pursuant to the provisions of Section 1569.35 of the Health and Safety Code, investigate the reasons given for the eviction.

(f)  A written report of any eviction shall be sent to the licensing agency within five (5) days.

(g)  This section shall not apply to a particular resident who has entered into a continuing care contract with a facility pursuant to Health and Safety Code, Chapter 10, Division 2.

(h)  Nothing in this section is intended to preclude the licensee or resident from invoking any other available remedy.

(i)  Nothing in Section 87224 precludes the licensee from initiating the urgent relocation to a licensed health facility of a terminally ill resident receiving hospice services when the resident's condition has changed and a joint determination has been made by the Department, the resident or resident's health care surrogate decision maker, the resident's hospice agency, a physician, and the licensee, that the resident's continued retention in the facility poses a health and safety risk to the resident or any other facility resident.

(1)  The licensee shall follow the procedures specified in Section 87637(b)(2) to reduce the risk of transfer trauma.

Authority cited:  Section 1569.30, Health and Safety Code.

Reference:  Sections 1569.1, 1569.2, 1569.31, 1569.312, 1569.315, 1569.54, 1569.682, 1569.683, and 1569.73, Health and Safety Code.