Assisted Living Eviction Rules in California: Reasons, Notice and Who to Call

Assisted living communities and board and care homes are licensed in California as residential care facilities for the elderly (RCFEs). The eviction rule for all of them is section 87224 of Title 22 of the California Code of Regulations. It says a licensee may, on 30 days' written notice, evict a resident for one or more of these reasons:

• Nonpayment of the rate for basic services within ten days of the due date.
• Failure of the resident to comply with state or local law after receiving written notice of the alleged violation.
• Failure of the resident to comply with the general policies of the home. The policies must be in writing, must be for the purpose of making it possible for residents to live together, and must be part of the admission agreement.
• After admission, the resident is found to have a need not previously identified, a reappraisal has been done, and the licensee and the person who performed the reappraisal believe the home is not appropriate for the resident.
• Change of use of the facility.

The Resident's Bill of Rights, Health and Safety Code section 1569.269, says facilities shall not involuntarily transfer or evict residents for grounds other than those specifically listed in state law or regulations. A home's admission agreement cannot add to the list.

This page describes the rules as written and is not legal advice. The Long-Term Care Ombudsman or an elder law attorney can look at the facts of a particular notice.

The notice period depends on the situation. The table shows the three periods in the regulation and statute. California Advocates for Nursing Home Reform (CANHR) takes the position that a resident of more than one year is owed 60 days under the Civil Code, and notes that the state licensing agency disagrees.

Under Health and Safety Code section 1569.683, the notice must state the reasons relied on, with specific facts that allow the date, place, witnesses and circumstances to be determined. It must also include the effective date, resources for finding other housing and care, and information on the right to file a complaint, with contact details for the nearest Community Care Licensing office and the State Ombudsman.

The home must send or mail a copy of the notice to the resident's responsible person, and must send a written report of any eviction to the licensing agency within five days.

An eviction notice is not a court order. State law requires every notice to carry this statement: "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."

A resident or their representative may also ask the Department of Social Services to investigate the reasons given for the eviction. CANHR cautions families to make sure the resident's care needs will be met during a dispute, because staying in a home that is unable or unwilling to meet them can harm the resident.

CANHR's fact sheet on eviction protections, citing state law, lists several limits:

• A home may not evict a resident for refusing to sign a new admission agreement. That is not one of the five reasons.
• A home may not evict, or threaten to evict, in retaliation for a resident requesting an inspection or filing a complaint with the Department of Social Services or the Ombudsman program.
• A home may not refuse to readmit a resident after a hospital stay. If it believes a reason for eviction exists, it must readmit the resident and then follow the eviction procedure.
• A new owner takes the home subject to the existing admission agreement. A sale does not end it.
• A private-pay resident cannot be evicted for later qualifying for SSI.

Health and Safety Code section 1569.682 covers closures. Before moving residents because of a forfeited license or a change of use, the home must prepare a relocation evaluation for each resident, with a recommendation on the type of facility that would meet their needs and a list of facilities within a 60-mile radius that do. It must discuss that evaluation with the resident and their legal representative within 30 days of issuing the notice.

If seven or more residents will be moved, the home must have a closure plan approved by the department before it issues any notice of transfer. The statute also sets refunds of prepaid monthly fees and, on a schedule, of recent preadmission fees.

A different process applies when the licensing agency itself orders a relocation because a resident has a health condition the home is not allowed to care for. CANHR says that notice states the reasons and the right to appeal, and that an appeal must be requested within 3 business days of the notice.

If anyone is in immediate danger, call 911. Complaints about a licensed home, including an unsafe or improper discharge, go to California's Community Care Licensing Division at 1-844-538-8766. The statewide Long-Term Care Ombudsman hotline is 1-800-231-4024, and the California Department of Aging lists improper transfer or discharge of a resident among the problems Ombudsman representatives help resolve.

Hamssa Benrekia is a senior living placement specialist in Torrance who helps families in the South Bay and Harbor area find licensed board and care homes and assisted living communities. She cannot contest an eviction or give legal advice. If a move has to happen, she can help you look for a home that fits the care needs and budget, as described in emergency assisted living placement. More topics are in the California Assisted Living Placement Guide. To talk about a search, contact Hamssa.

1. 1

   Ask for the notice in writing

   CANHR advises not acting on a verbal statement that the resident must move. A valid eviction starts with a written notice.

2. 2

   Check the notice against the rules

   It should name one of the five reasons, give specific facts and an effective date, and carry the court statement.

3. 3

   Call the Ombudsman

   The Ombudsman is independent of the home, and its services cost nothing. See resident rights in a California RCFE for the rights involved.

4. 4

   See whether the cause can be fixed

   CANHR suggests remedying the stated cause where possible, such as paying the monthly fee, and then asking for the notice to be withdrawn.

5. 5

   Decide about a complaint and legal help

   You may file a complaint with licensing, described in complaints about assisted living. An elder law attorney or legal services program can advise if court papers arrive.