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32 | It was alleged that R1, who was back on their rent because they could not afford the full amount, was advised that they needed to leave the facility immediately on June 20, 2022, as part of a 3-Day Eviction, and told they owed an incorrect amount. On June 17, 2022, LPA received a 3-Day Eviction Notice dated June 16, 2022, from COO for R1 on the basis of non-payment of rent, which COO withdrew that same day and later issued a 30-Day Eviction Notice dated June 17, 2022. While COO claimed the 3-Day Eviction Notice dated June 16, 2022 was not served on R1, R1 confirmed they were told by COO that their eviction was a 3-Day Eviction and they would have to leave on June 20, 2022, which corroborates that R1 was unlawfully evicted verbally as R1 otherwise would not have known about the 3-Day Eviction or the end date of the notice period. Regarding the back owed rent, R1’s Admission Agreement indicates R1’s monthly rent was $2,700. Per R1’s Written Statement to the Facility dated June 21, 2022, R1 and COO agreed that “[R1] could ‘not’ pay more than $1,400 per month.” However, COO denied that R1’s rent was reduced from $2,700 to $1,400 per month and there is no written documentation of this modification to R1’s Admission Agreement. R1’s Billing Statement indicates that R1 was indeed given a discount from $2,700 to $2,000 per month, but that this amount was not fully paid and as of June 16, 2022, R1’s outstanding balance was $8,735. LPA interviewed COO who stated that the $2,700 monthly rent was already discounted from $4,000, COO worked with R1’s family to obtain financial support for R1, R1 could only pay $1,400 per month but also made no payments for multiple months, and the facility never agreed to accept $1,400 as total payment for R1’s rent. Per COO, there were no irregularities with R1’s billing and the total amount owed is correct.
During the course of the investigation, the Department obtained sufficient evidence to substantiate the allegation mentioned above. The preponderance of evidence standard has been met; therefore, the above allegation is Substantiated. See LIC9099D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations. An exit interview was conducted and a copy of this report and appeal rights was discussed with and provided to facility representative. |