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32 | CONTINUED ON FORM LIC9099
Regarding the allegation that Facility failed to issue a refund, the following has been concluded: Residents R1 and R2 signed up as prospective residents of the facility on August 31, 2024 and assumed tenant status of a unit at the facility on that day. They received their move-in binder on September 9, 2024. On September 12, 2024, R1 and R2 gave notice to facility staff of their intent to not move forward with their admission at the facility. Following the terms of the notice, R1 and R2 were charged for one full month and 12 days of residency fees which were deducted from the 80% refund of their community fee which they were owed after terminated their admission after admission and conducting of their respective needs assessments.
However, upon review of the residents records maintained at the facility, LPA Kevin Saborit-Guasch observed that the admission agreement signed by both residents on August 31, 2024 did not bear a signature made by a facility representative within seven days of the admission. The facility therefore was not in possession of a binding agreement to establish residence in exchange for payment of a monthly residency fee. Residents R1 and R2 additionally never physically moved into their unit at the facility.
As a result, the allegation is found to be Substantiated, meaning that the preponderance of evidence standard has been met. One violations is being cited per California Code of Regulations Title 22.
An exit interview was conducted and a copy of this report along with appeal rights was provided to a facility representative. |