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32 | To investigate the above allegation, On -01/26/2023 LPA requested copies of document relevant to the investigation at approximately 11:38am. LPA interviewed staff and R1 at approximately 11:20am. R1 confirmed that he has not paid rent since moving into the facility in July of 2022 due to waiting for assistance from the Assisted Living Waiver Program and the remaining portion of rent was to be paid through his medical insurance program. Interviews with S1 confirmed that R1 had not paid rent for few months and the facility did issue an eviction notice for nonpayment of rent.
Upon review of R1’s admission agreement, it was noted that R1’s monthly fee to facility is $5,776.77 out of which $2,211.77 is the portion that should be paid by R1 and the rest of the fees is subsidized by ALW program. A review of the eviction notice revealed that R1 is in default of their portion of payment for six months. There was no indication of nonpayment of fees from the ALW program. Investigation revealed that R1 is being evicted for nonpayment of their portion of rent, which is a sufficient legal reason to serve an eviction notice.
Based on interviews and record review there is no information and evidence to support the allegation of “Illegal eviction”. Therefore, the allegation is Unsubstantiated at this time.
During this visit LPA Lacy discussed Title 22 Regulation and H&S Code pertaining the Eviction notices and specific information that must be included in the notices. Advisory note was served to the ED at the time of this visit.
Exit interview was conducted and copy of this report was issued. |