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32 | It was alleged that Resident #1 (R1) was issued an unlawful eviction notice on 06/30/2025. LPA reviewed the eviction notice dated 06/30/2025 which states, “This letter is to inform you that the ownership of A 'One Villa Assisted Living is in the process of being transferred to new management. As part of the Change of Ownership procedure, the new members are required to apply to the California Department of Social Services (CDSS). Due to this transition, we are issuing a 30-day notice for you to vacate the facility, effective June 30, 2025. We kindly ask that you arrange to relocate by July 30, 2025, to accommodate this required process.” R1 moved out of the facility on 07/25/2025. Per regulation, a change of ownership (CHOW) does not meet eviction criteria. A CHOW for a facility with admitted residents does not require current residents to be relocated; the same residents can be retained by the prospective new licensee. The facility also did not notify the Department of the issued eviction notice, which was cited on a separate report, and the eviction notice did not include statements required by the Health and Safety Code, including: a statement informing residents of their right to file a complaint with the licensing agency including contact information for the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office; AND the exact statement as specified in Health and Safety Code Section 1569.683(a)(4) regarding the facility’s requirement to file an unlawful detainer action in superior court should a resident remain after the effective date of the eviction. Interviews conducted with R1’s responsible party and staff confirmed that a corrected notice was not issued and that the reason for eviction was due to the CHOW and not any of the valid reasons that meet eviction criteria, such as nonpayment of rent or failure of the resident to comply with general policies of the facility. Based on interview and record review, the allegation “Illegal Eviction” is deemed SUBSTANTIATED at this time.
The following deficiency was observed (See LIC 9099-D) and cited from the California Code of Regulations, Title 22 and/or California Health and Safety Code. Licensee was informed that failure to correct the deficiency may result in civil penalties.
Exit interview conducted. Appeal rights and a copy of the report were provided.
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