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 | The investigation revealed the following: It is alleged that the the facility is illegally evicting the resident. R1 was hospitalized on August 17, 2021 per the Incident Report dated August 18, 2021. R1 was transferred to a Skilled Nursing Facility and returned to the facility on September 6, 2021. Per review of the facility's bank statement, R1 did not pay rent in September/October 2021. The eviction notice dated September 24, 2021, approved by LPA Tirre the same day at 8:11am, was issued to R1 and to R1's representative regarding nonpayment. The eviction notice met all necessary elements of the eviction procedures of the TItle 22 Regulation. R1 did not move out by October 25, 2021 so the unlawful detainer was filed on November 3, 2021 in which the court stipulation ordered R1 to backpay the rent to the facility in the amount of $8,000.00 with additional payment as an option to extend the lock out date per the court's judgement.
Regarding the allegation, Facility is retaliating against resident due to a complaint filed with licensing, it is determined that the eviction notice was issued due to nonpayment. Per review of page 13 of the admission agreement indicates that the payment is due on the 1st of each month. Page 24 of the admission agreement signed and dated by R1's representative on May 21, 2021, indicates that when a resident "is away from the facility for hospitalization... temporary placement outside this facility, the monthly rate continues" and "failure to pay this fee by the due date may result in involuntary discharge from the facility." Per review of the text messages exchanged between Admin and R1's representative, a negative Coronavirus 2019 test at the time was required to return to the facility which was not provided upon request delaying R1's return. Admin indicated that this was not a retaliatory move but a safety guideline per the Public Health.
Therefore, this agency has investigated the complaint and based on the interviews which were conducted and the records that were reviewed, the following allegations: Illegal eviction and Facility is retaliating against resident due to a complaint filed with licensing are deemed UNFOUNDED. We have found that the complaint was unfounded, meaning that the allegation was false, could not have happened and/or is without a reasonable basis. We have therefore dismissed the complaint.
An exit interview was conducted with Administrator Heather Edgington, and a copy of this report including the LIC811 were provided at exit. |