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32 | Please be advised: When the Department initiated this investigation, Fabiola Marciano was serving as the facility’s Administrator.
The investigation revealed the following:
Allegation: Facility is overcharging residents for rent
It was alleged that the facility Administrator has been sending back Resident 1 (R1) payments for rent and cannot send back check payments.
On 08/11/2025, LPA interviewed Administrator (A1) regarding the allegation. A1 denied the allegation and stated residents are given a clear breakdown of their rent and any additional fees. A1 says the people in question not being charged due to eviction. The attorney suggested this to send back payment if it is sent to the facility. ALW rent amount is $1,600 which is not listed on the facility Admission Agreement. A1 also stated care component and rent component are all combines sand ALW makes determination of rent supplement.
On 08/11/2025, between 2:30pm - 3:50pm and on 10/02/2025 between the hours of 10:17am - 12:21pm, LPA interviewed 11 staff regarding the allegation: 11 of 11 staff were unaware of the allegation and stated not having any knowledge of the facility overcharging residents for rent.
On 08/11/2025, between 2:30pm -3:50pm and on 10/02/2025 between the hours of 10:00am -11:43am, LPA interviewed 9 residents: 8 of 9 residents denied the allegation and stated the facility rent is fair for residents. 1 of 9 residents did not confirm nor deny the allegation and stated not having any knowledge of whether rent is fair
On 12/05/2025, between the hours of 9:22am - 9:30am, LPA conducted a records review and observed the following:
Invoices for Memory Care (MC) rent for Apartment 303A for Resident 1 in the amount of $1,600 were documented as follows: MC Rent Invoice Date/Due Date: 08/31/2024 – $721.55 . Other Charges Invoice Date/Due Date: 08/31/2024 – $412.90 . Monthly MC Rent Invoice Date/Due Date: 09/01/2024, 10/01/2024, 11/01/2024, 12/04/2024, 01/01/2025, 02/01/2025, 03/01/2025, 04/01/2025, 05/01/2025, 06/01/2025 – $1,600 each.
The Regency Lease Agreement, signed and dated on 08/24/2024 by Resident 1’s authorized representative, indicates that the agreement was entered into on 08/24/2024 for Apartment 303A on a month-to-month basis beginning 08/24/2024, with an apartment fee of $1,600 per month and a waived ALW care fee, for a total of $1,600 per month, payable in advance on the first day of each month.
Based on information gathered through interviews and record reviews, there is not enough evidence to support the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore, the allegation is UNSUBSTANTIATED. |