Currently, nursing home evictions are one of the most confusing and threatening issues facing residents. The procedures surrounding evictions are not strict enough and the results of evictions can be potentially disastrous. As a result, new legislation, AB 1309, has been suggested in California to help protect residents and hold nursing homes to a higher standard.
The Eviction Problem
According to California’s Long Term Care Ombudsman programs approximately 1,400 eviction complaints are received every year and nursing homes have received 1,811 citations regarding mishandled evictions. Without AB 1309, nursing homes are only required to check a box to instigate an eviction and are not required to provide further reasoning. If further reason is given, such as in the case of Residential Care Facilities for the Elderly evictions, residents never see the reason and can be evicted without ever knowing why.
Currently, under state law, there are five reasons residents can be evicted.
- Failure of resident to pay agreed upon rate for basic services within ten (10) days of due date.
- Failure of resident to comply with state or local law after receiving notice of the alleged violation (e.g., drug use, assault, violation of probation, etc.).
- Failure of resident to follow facility policies that are in writing, are part of the Admission Agreement and are for the purpose of making it possible for residents to live together.
- After formal assessment, the facility determines that it can no longer meet the resident’s changing care needs.
- The facility changed its purpose (e.g., it is surrendering its license and will not operate as a Residential Care Facility for the Elderly (RCFE)).
AB 1309
“AB 1309 would require nursing homes to include the same level of detail to justify a resident
eviction that is required of RCFEs. Requiring this additional information will enable residents to
better defend against inappropriate and unsafe evictions on appeal. Nursing homes are already
required to comprehensively document their basis for evicting residents; AB 1309 requires that
the facilities share some of this information with the residents” – AB 1309 (Gómez Reyes)
As AB1309 specifies, this new legislation would require greater detail and reasoning for eviction which would allow residents to better defend themselves and seek out legal help when needed. Because of this legislation, residents will not be left out in the cold or without resources at their disposal.
If you or a loved one have been the victim of nursing home neglect, unlawful eviction, or abuse, call Gharibian Law (877-460-1187)today for a FREE consultation and the best legal representation.
