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32 | Allegation: Staff illegally evicted a resident in care.
The allegation alleges that a resident received a wrongful eviction notice due to smoking in their room and being abusive.
LPA received and reviewed the eviction notice issued on 12/23/2025 and effective on 01/23/2026. During review of the eviction LPA observed the 30-day Eviction Notice included the effective date, specific Facility House Rules being violated listed in the Admissions Agreement and House Rules and the incidents, resources available to assist in alternative housing and care option, the right to file a complaint with Community Care Licensing’s and the Long-Term Care Ombudsman’s contact information, and the Health and Safety Code section 1569.683(a)(4). LPA received and reviewed letters given to the Administrator and Property Manager of complaints regarding a resident smoking in their room on the second floor and having to smell it and be exposed to it. LPA received and reviewed written notices to the resident and the Responsible Party of the resident’s violation of the House Rules. Additionally, LPA received and reviewed the House Rules signed by the resident during move-in, on 08/30/2022) that state on page 1, “3. Disruptive or violent behavior whether it is verbal or physical abuse towards staff or other residents is unacceptable…A second incident may result in a written warning that any continued disruptive or violent behavior can result in a notice of eviction.” On page 2 of the House Rules states “17. Smoking is not permitted inside the facility. There is a designated area in the back patio where smoking is allowed.” LPA received and reviewed Unusual Incident/Injury Report’s (dated 09/14/2025, 10/04/2025, 10/06/2025, 10/07/2025, 10/29/2025, 10/30/2025, 11/14/2025, 11/15/2025, 12/17/2025, and 12/21/2025) regarding resident R1 smoking in their room. LPA additionally received Unusual Incident/Injury Reports (dated 08/09/2025 and 09/18/2025) regarding R1 arguing and yelling at other residents and then going to the resident’s room to yell and argue with them. LPA received and reviewed resident R1’s Admission Agreement, signed and dated 08/30/2022, that states on page 9 to 10, under 31. Eviction Procedure, that states “The licensee may upon 30-day written to the resident, evict the resident for one or mor of the following reasons: Failure of resident to comply with general policies of facility (said general policies must be in writing, for making it possible for residents to live together and must be made part of the Admission Agreement).”
During interviews with Resident R1-R7, were asked if they were issued an eviction notice due to violating House Rules, six (6) out of seven (7) stated they have not been issued an eviction notice for violating House Rules. One (1) out of eight (8) stated they were given an eviction notice for smoking in their room and they have quite a week ago.
During interviews with Staff S1-S6, were asked if any residents have been issued an eviction notice in the |