1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | LPA De Leon reviewed R1’s Eviction Letter dated 01/27/2025, Admission Agreement with Resident Handbook with House Rules. The eviction letter includes Article II. E.2.a.(3) of the Agreement which states that the Community may, upon thirty (30) days written notice, evict a resident if (3) resident fail to comply with the general policies of the Community, this is also in the Admission Agreement page 12, this agreement was dated and signed by R1 on 09/08/2022. The policies are described in the Admission Agreement on page 19 under I. Miscellaneous 1. Rules and Regulations c. which states, Residents must not be disruptive, engage in conduct that poses a danger to themselves or others at the community, create unsafe conditions, or be physically or verbally abusive to other residents or staff. On Pages 31-35 Appendix D of the Resident Handbook House Rules page 34 states: Respect for Others: Residents, their guests and family members, must display respect for others in the community. Neither verbal or nor physically abusive behavior towards residents, employees, visitors, and/or anyone who is present in the Community will be tolerated.
In Appendix E on page 36 The Oaks at Nipomo statement of Residents Personal Rights pursuant to title 22, California Code of Regulations, Section 87468.1(a) Residents in all residential care facilities for the elderly shall have all the following personal rights (1) To be accorded dignity in their personal relationships with staff, residents and other person and well as (2) To be accorded safe, healthful and comfortable accommodations, furnishings, and equipment. The interviews conducted during the course of the investigation of R1’s Eviction, R1 is infringing on other resident’s personal rights and causing a hostile environment for staff as well as other residents.
LPA reviewed letters to R1 dated 11/15/2024, 11/28/2024, and 12/11/2014 all letters were regarding R1’s harassing staff or other residents and reminders about R1’s needs to follow house rules. R1 has been counselled on several occasions from 2023-2025 regarding harassment to staff and residents and on 01/27/2025 an eviction was issued.
According to 7 out of 10 staff interviewed revealed R1 to be very rude to staff and other residents, tries to get into other residents’ business, harasses and makes some staff feel uncomfortable.
According to 9 out of 9 residents interviewed R1 has been rude, harassing, yelled and belittled other residents in dining and activities. Several residents will no longer join R1’s table for meals or partake in activities that R1 has joined.
Based on the evidence this allegation is Unsubstantiated, the eviction is lawful, at this time.
Exit interview conducted and copy of report printed for Administrator. |