Get the answers to your questions about assisted living and eviction. Residents of assisted living communities have certain rights they can exercise.
Although senior housing is typically under state rather than federal regulation, all housing falls under federal fair housing law. This includes retirement communities, assisted living facilities, adult foster care homes, and skilled nursing facilities.
This means that you can only be evicted from senior housing if you violate the lease agreement or contract.
Some statutes include other protections as well. In California, you are legally protected from eviction based on:
You also cannot be evicted from housing because you refuse to follow a care plan, such as taking prescribed medications.
Even if the eviction notice does not explicitly state one of these, you may be able to prove that it is the real reason. If you feel you are being discriminated against by a senior community, document everything that occurs to help support these claims.
If you are evicted for something included in your lease or contract, you may be able to have the eviction reversed if you can address the problem with a reasonable accommodation. A reasonable accommodation would be something that does not cost too much, impose undue burden on the senior community, or requires them to fundamentally change what they provide.
There is no limit on the number of times you can request reasonable accommodations. The senior community must address each new request. If the senior community denies your request, you can file a complaint with the California Department of Fair Employment and Housing. However, if you receive repeated eviction notices and don’t follow through with the accommodation requests, the senior living community can move forward with eviction on the basis that your requests are imposing an undue burden.
Senior living communities don’t want to evict residents, but they do have an obligation to keep all of their residents safe and a right to maintain their property and business. Have clear conversations with the senior housing staff so you understand what is expected. They can help you with reasonable accommodations upfront, which is the best way to avoid being evicted. If you do receive an eviction notice, however, make sure you understand the reason and your rights for appealing. Seniorly staff can help answer your questions and direct you to appropriate resources as well.
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