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

Cal. Code Regs. Tit. 22, § 87224

1. Change without regulatory effect renumbering Section 87424 to Section 87224 filed 11-17-88 (Register 88, No. 49). For prior history, see Registers 88, No. 34 and 88, No. 2.
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.

1. Change without regulatory effect renumbering Section 87424 to Section 87224 filed 11-17-88 (Register 88, No. 49). For prior history, see Registers 88, No. 34 and 88, No. 2.
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).