Cal. Code Regs. Tit. 22, § 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.
(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 serving
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.
(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 the 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.
Notes
2. Change without regulatory effect amending section heading, section and NOTE filed 6-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
3. Change without regulatory effect amending section heading and section filed 6-15-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 24).
4. Change without regulatory effect renumbering section 87224 to new section 87156 and renumbering former section 87589 to new section 87224, including amendment of subsections (i)-(i)(1) and NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
5. Amendment of subsection (a)(4), new subsections (d)(1)-(d)(1)(D) and amendment of NOTE filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
6. Change without regulatory effect amending subsection (a), adopting new subsections (a)(5)(A)-(a)(5)(A)1., amending subsection (c) and amending NOTE filed 1-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 2).
Note: 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.
2. Change without regulatory effect amending section heading, section and Note filed 6-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
3. Change without regulatory effect amending section heading and section filed 6-15-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 24).
4. Change without regulatory effect renumbering section 87224 to new section 87156 and renumbering former section 87589 to new section 87224, including amendment of subsections (i)-(i)(1) and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
5. Amendment of subsection (a)(4), new subsections (d)(1)-(d)(1)(D) and amendment of Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
6. Change without regulatory effect amending subsection (a), adopting new subsections (a)(5)(A)-(a)(5)(A)1., amending subsection (c) and amending Note filed 1-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 2).
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