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32 | The investigation revealed the following:
Resident not permitted to form a resident council meeting without the presence of facility staff
The two facility administrators stated that resident council meetings are usually attended by a staff member in order to take notes and pass the grievances along to management. However, they stated that residents are allowed to meet without staff and staff can leave the meeting if asked. Due to COVID-19, the formal resident council meetings have not taken place in person. The president of the resident council was interviewed and revealed that the council has not met in months due to COVID-19 but that residents have met to discuss concerns without the presence of staff. 9 residents were interviewed: 1 resident stated that the meetings required facility staff but informal meetings take place among residents without staff, 3 residents stated that staff members were not required to be there but usually one staff is there to take notes, and 5 were unsure about resident council.
Resident was given unlawful eviction notice
LPA Spencer reviewed the past due notice for resident #2, august check stub payment, and old eviction letter dated in 2019. The past due letter did not mention an eviction. The eviction dated in 2019 was attached to the past due notice of 2020. Based on interviews with administrator Lourdes Garcia, the 2019 eviction letter was attached to the 2020 past due notice but was not an eviction letter. Resident #2 was interviewed and stated that she had a past due amount for rent and that letter she received was actually not an eviction letter but a notice of past due rent. Upon review of the records, the 2020 letter was not an eviction notice.
Based upon interviews conducted the findings indicate although the allegation(s) may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation(s) are Unsubstantiated.
A telephonic exit interview was conducted with the co-administrator Virgilio Agas. A hard copy of the report and appeal rights were provided.
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