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| 1 | + | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 434Introduced by Senator Wahab(Coauthor: Senator Ashby)February 18, 2025 An act to amend Section 1569.683 of, and to add Section 1569.684 to, the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 434, as amended, Wahab. Residential care facilities for the elderly: housing protections.Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Under existing law, in addition to complying with other applicable regulations, a licensee of an RCFE that sends a notice of eviction to a resident is required to include in that notice specified information, including the effective date of the eviction and resources available to assist the resident in identifying alternative housing. The RCFE is also required to notify, or mail a copy of the notice to quit to, the residents responsible person. Existing law requires that a licensee of an RCFE provide a resident a 30-day notice of eviction, except where the department has approved the RCFE to provide a 3-day notice. Under existing law, a violation of those provisions is generally a misdemeanor.This bill would extend the length of notice a licensee is required to provide a resident to 60 30, 60, or 90 days, depending on the length of the residents residency in the RCFE. The bill would additionally require a licensee of an RCFE to include in a notice of eviction documentation of the licensees reasonable efforts to create a safe discharge plan, and would require the plan to include a list of the residents posteviction needs, goals, and preferences, and a list of discharge locations that meet specified criteria, such as being financially practicable for the resident. The bill would require that a copy of the notice be provided to the local long-term care ombudsman. The bill would prohibit an RCFE from refusing entry to a resident or prohibit a resident from residing in the facility until the notice period has elapsed and the eviction process has concluded. The bill would make a violation of these provisions subject to civil and criminal penalties. Because the bill would create a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to clarify that residents of residential care facilities for the elderly have the same or greater legal protections as other tenants in the state.SEC. 2. Section 1569.683 of the Health and Safety Code is amended to read:1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:(1) The effective date of the eviction.(2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:(A) A list of the residents posteviction needs, goals, and preferences.(B) (i) A list of discharge locations that meet all of the following:(I) Are equipped to meet the needs of the resident.(II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable.(III) Are within 30 miles of the residents preferred city.(ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status.(3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.(4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.(b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person.(c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail.(d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. SEC. 3. Section 1569.684 is added to the Health and Safety Code, to read:1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. (a)(b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice.(b)(c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 434Introduced by Senator Wahab(Coauthor: Senator Ashby)February 18, 2025 An act to amend Section 1569.683 of, and to add Section 1569.684 to, the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 434, as amended, Wahab. Residential care facilities for the elderly: housing protections.Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Under existing law, in addition to complying with other applicable regulations, a licensee of an RCFE that sends a notice of eviction to a resident is required to include in that notice specified information, including the effective date of the eviction and resources available to assist the resident in identifying alternative housing. The RCFE is also required to notify, or mail a copy of the notice to quit to, the residents responsible person. Existing law requires that a licensee of an RCFE provide a resident a 30-day notice of eviction, except where the department has approved the RCFE to provide a 3-day notice. Under existing law, a violation of those provisions is generally a misdemeanor.This bill would extend the length of notice a licensee is required to provide a resident to 60 30, 60, or 90 days, depending on the length of the residents residency in the RCFE. The bill would additionally require a licensee of an RCFE to include in a notice of eviction documentation of the licensees reasonable efforts to create a safe discharge plan, and would require the plan to include a list of the residents posteviction needs, goals, and preferences, and a list of discharge locations that meet specified criteria, such as being financially practicable for the resident. The bill would require that a copy of the notice be provided to the local long-term care ombudsman. The bill would prohibit an RCFE from refusing entry to a resident or prohibit a resident from residing in the facility until the notice period has elapsed and the eviction process has concluded. The bill would make a violation of these provisions subject to civil and criminal penalties. Because the bill would create a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 01, 2025 | |
| 8 | 7 | Amended IN Senate March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 434 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator Wahab(Coauthor: Senator Ashby)February 18, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Wahab(Coauthor: Senator Ashby) | |
| 19 | 18 | February 18, 2025 | |
| 20 | 19 | ||
| 21 | 20 | An act to amend Section 1569.683 of, and to add Section 1569.684 to, the Health and Safety Code, relating to health and care facilities. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | SB 434, as amended, Wahab. Residential care facilities for the elderly: housing protections. | |
| 28 | 27 | ||
| 29 | - | Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Under existing law, in addition to complying with other applicable regulations, a licensee of an RCFE that sends a notice of eviction to a resident is required to include in that notice specified information, including the effective date of the eviction and resources available to assist the resident in identifying alternative housing. The | |
| 28 | + | Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Under existing law, in addition to complying with other applicable regulations, a licensee of an RCFE that sends a notice of eviction to a resident is required to include in that notice specified information, including the effective date of the eviction and resources available to assist the resident in identifying alternative housing. The RCFE is also required to notify, or mail a copy of the notice to quit to, the residents responsible person. Existing law requires that a licensee of an RCFE provide a resident a 30-day notice of eviction, except where the department has approved the RCFE to provide a 3-day notice. Under existing law, a violation of those provisions is generally a misdemeanor.This bill would extend the length of notice a licensee is required to provide a resident to 60 30, 60, or 90 days, depending on the length of the residents residency in the RCFE. The bill would additionally require a licensee of an RCFE to include in a notice of eviction documentation of the licensees reasonable efforts to create a safe discharge plan, and would require the plan to include a list of the residents posteviction needs, goals, and preferences, and a list of discharge locations that meet specified criteria, such as being financially practicable for the resident. The bill would require that a copy of the notice be provided to the local long-term care ombudsman. The bill would prohibit an RCFE from refusing entry to a resident or prohibit a resident from residing in the facility until the notice period has elapsed and the eviction process has concluded. The bill would make a violation of these provisions subject to civil and criminal penalties. Because the bill would create a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 30 | 29 | ||
| 31 | - | Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Under existing law, in addition to complying with other applicable regulations, a licensee of an RCFE that sends a notice of eviction to a resident is required to include in that notice specified information, including the effective date of the eviction and resources available to assist the resident in identifying alternative housing. The | |
| 30 | + | Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Under existing law, in addition to complying with other applicable regulations, a licensee of an RCFE that sends a notice of eviction to a resident is required to include in that notice specified information, including the effective date of the eviction and resources available to assist the resident in identifying alternative housing. The RCFE is also required to notify, or mail a copy of the notice to quit to, the residents responsible person. Existing law requires that a licensee of an RCFE provide a resident a 30-day notice of eviction, except where the department has approved the RCFE to provide a 3-day notice. Under existing law, a violation of those provisions is generally a misdemeanor. | |
| 32 | 31 | ||
| 33 | - | This bill would extend the length of notice that a licensee is required to provide to a resident to 30, 60, or 90 days, depending on the length of the residents residency in the RCFE. RCFE, among other factors relating to nonpayment of the rate for basic services within 10 days of the due date. The bill would additionally require a licensee of an RCFE to include in a notice of eviction documentation of the licensees reasonable efforts to create a safe discharge plan, and would require the plan to include a list of the residents posteviction needs, goals, and preferences, and a list of discharge locations that meet specified criteria, such as being financially practicable for the resident. The bill would require that a copy of the notice be provided to the local long-term care ombudsman. The | |
| 34 | - | ||
| 35 | - | The bill would prohibit an RCFE from refusing entry to a resident or prohibit a resident from residing in the facility until the notice period has elapsed and the eviction process has concluded. The bill would make a refusal of entry in violation of these provisions subject to civil and criminal penalties. | |
| 32 | + | This bill would extend the length of notice a licensee is required to provide a resident to 60 30, 60, or 90 days, depending on the length of the residents residency in the RCFE. The bill would additionally require a licensee of an RCFE to include in a notice of eviction documentation of the licensees reasonable efforts to create a safe discharge plan, and would require the plan to include a list of the residents posteviction needs, goals, and preferences, and a list of discharge locations that meet specified criteria, such as being financially practicable for the resident. The bill would require that a copy of the notice be provided to the local long-term care ombudsman. The bill would prohibit an RCFE from refusing entry to a resident or prohibit a resident from residing in the facility until the notice period has elapsed and the eviction process has concluded. The bill would make a violation of these provisions subject to civil and criminal penalties. | |
| 36 | 33 | ||
| 37 | 34 | Because the bill would create a new crime, the bill would impose a state-mandated local program. | |
| 38 | 35 | ||
| 39 | 36 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 40 | 37 | ||
| 41 | 38 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 42 | 39 | ||
| 43 | 40 | ## Digest Key | |
| 44 | 41 | ||
| 45 | 42 | ## Bill Text | |
| 46 | 43 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to clarify that residents of residential care facilities for the elderly have the same or greater legal protections as other tenants in the state.SEC. 2. Section 1569.683 of the Health and Safety Code is amended to read:1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to clarify that residents of residential care facilities for the elderly have the same or greater legal protections as other tenants in the state.SEC. 2. Section 1569.683 of the Health and Safety Code is amended to read:1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:(1) The effective date of the eviction.(2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:(A) A list of the residents posteviction needs, goals, and preferences.(B) (i) A list of discharge locations that meet all of the following:(I) Are equipped to meet the needs of the resident.(II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable.(III) Are within 30 miles of the residents preferred city.(ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status.(3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.(4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.(b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person.(c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail.(d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. SEC. 3. Section 1569.684 is added to the Health and Safety Code, to read:1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. (a)(b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice.(b)(c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 48 | 45 | ||
| 49 | 46 | The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | 48 | ## The people of the State of California do enact as follows: | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. It is the intent of the Legislature to clarify that residents of residential care facilities for the elderly have the same or greater legal protections as other tenants in the state. | |
| 54 | 51 | ||
| 55 | 52 | SECTION 1. It is the intent of the Legislature to clarify that residents of residential care facilities for the elderly have the same or greater legal protections as other tenants in the state. | |
| 56 | 53 | ||
| 57 | 54 | SECTION 1. It is the intent of the Legislature to clarify that residents of residential care facilities for the elderly have the same or greater legal protections as other tenants in the state. | |
| 58 | 55 | ||
| 59 | 56 | ### SECTION 1. | |
| 60 | 57 | ||
| 61 | - | SEC. 2. Section 1569.683 of the Health and Safety Code is amended to read:1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, | |
| 58 | + | SEC. 2. Section 1569.683 of the Health and Safety Code is amended to read:1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:(1) The effective date of the eviction.(2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:(A) A list of the residents posteviction needs, goals, and preferences.(B) (i) A list of discharge locations that meet all of the following:(I) Are equipped to meet the needs of the resident.(II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable.(III) Are within 30 miles of the residents preferred city.(ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status.(3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.(4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.(b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person.(c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail.(d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. | |
| 62 | 59 | ||
| 63 | 60 | SEC. 2. Section 1569.683 of the Health and Safety Code is amended to read: | |
| 64 | 61 | ||
| 65 | 62 | ### SEC. 2. | |
| 66 | 63 | ||
| 67 | - | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, | |
| 64 | + | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:(1) The effective date of the eviction.(2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:(A) A list of the residents posteviction needs, goals, and preferences.(B) (i) A list of discharge locations that meet all of the following:(I) Are equipped to meet the needs of the resident.(II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable.(III) Are within 30 miles of the residents preferred city.(ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status.(3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.(4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.(b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person.(c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail.(d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. | |
| 68 | 65 | ||
| 69 | - | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, | |
| 66 | + | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:(1) The effective date of the eviction.(2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:(A) A list of the residents posteviction needs, goals, and preferences.(B) (i) A list of discharge locations that meet all of the following:(I) Are equipped to meet the needs of the resident.(II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable.(III) Are within 30 miles of the residents preferred city.(ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status.(3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.(4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.(b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person.(c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail.(d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. | |
| 70 | 67 | ||
| 71 | - | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, | |
| 68 | + | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:(1) The effective date of the eviction.(2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:(A) A list of the residents posteviction needs, goals, and preferences.(B) (i) A list of discharge locations that meet all of the following:(I) Are equipped to meet the needs of the resident.(II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable.(III) Are within 30 miles of the residents preferred city.(ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status.(3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.(4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.(b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person.(c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail.(d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. | |
| 72 | 69 | ||
| 73 | 70 | ||
| 74 | 71 | ||
| 75 | - | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, | |
| 72 | + | 1569.683. (a) In addition to complying with Section 1569.684 of this code, Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, and other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following: | |
| 76 | 73 | ||
| 77 | 74 | (1) The effective date of the eviction. | |
| 78 | 75 | ||
| 79 | 76 | (2) Documentation of the licensees reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following: | |
| 80 | 77 | ||
| 81 | 78 | (A) A list of the residents posteviction needs, goals, and preferences. | |
| 82 | 79 | ||
| 83 | 80 | (B) (i) A list of discharge locations that meet all of the following: | |
| 84 | 81 | ||
| 85 | 82 | (I) Are equipped to meet the needs of the resident. | |
| 86 | 83 | ||
| 87 | 84 | (II) Are financially practicable for the resident, including, but not limited to, facilities that are covered by the residents Medi-Cal managed care plan, if applicable. | |
| 88 | 85 | ||
| 89 | - | (III) Are within 30 | |
| 86 | + | (III) Are within 30 miles of the residents preferred city. | |
| 90 | 87 | ||
| 91 | 88 | (ii) The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the residents needs and each locations state licensing status. | |
| 92 | 89 | ||
| 93 | 90 | (3) Information about the residents right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman. | |
| 94 | 91 | ||
| 95 | 92 | (4) The following statement: In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing. | |
| 96 | 93 | ||
| 97 | - | (b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify | |
| 94 | + | (b) The licensee, in addition to either serving notice pursuant to Section 1569.684 or seeking approval from the department and serving three days notice on the resident, shall notify or mail a copy of the notice to quit to, the residents responsible person. | |
| 98 | 95 | ||
| 99 | 96 | (c) The licensee shall send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail. | |
| 100 | 97 | ||
| 101 | 98 | (d) A licensee shall not refuse entry to a resident or prohibit the resident from residing in the facility until the notice period described in subdivision (b) has elapsed and the eviction process has concluded. A licensee that refuses entry to a resident in violation of this section is subject to a civil penalty of ten thousand dollars ($10,000) and an additional penalty of one thousand dollars ($1,000) for each day the licensee refuses entry to the resident. Notwithstanding Section 1569.40, a licensee that refuses entry to a resident in violation of this section is guilty of a misdemeanor. | |
| 102 | 99 | ||
| 103 | - | SEC. 3. Section 1569.684 is added to the Health and Safety Code, to read:1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, | |
| 100 | + | SEC. 3. Section 1569.684 is added to the Health and Safety Code, to read:1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. (a)(b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice.(b)(c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice. | |
| 104 | 101 | ||
| 105 | 102 | SEC. 3. Section 1569.684 is added to the Health and Safety Code, to read: | |
| 106 | 103 | ||
| 107 | 104 | ### SEC. 3. | |
| 108 | 105 | ||
| 109 | - | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, | |
| 106 | + | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. (a)(b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice.(b)(c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice. | |
| 110 | 107 | ||
| 111 | - | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, | |
| 108 | + | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. (a)(b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice.(b)(c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice. | |
| 112 | 109 | ||
| 113 | - | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, | |
| 110 | + | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows:(a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. (a)(b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice.(b)(c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice. | |
| 114 | 111 | ||
| 115 | 112 | ||
| 116 | 113 | ||
| 117 | 114 | 1569.684. Except when a licensee has approval from the department to serve three days notice of eviction on a resident, a notice of eviction shall be provided as follows: | |
| 118 | 115 | ||
| 119 | - | (a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, | |
| 116 | + | (a) For those who will have resided in the facility for less than one year as of the effective date of the eviction, no less than 30 days notice. | |
| 120 | 117 | ||
| 121 | - | ( | |
| 118 | + | (a) | |
| 122 | 119 | ||
| 123 | - | (c) For those who will have resided in the facility for two years or more as of the effective date of the eviction, no less than 90 days notice. | |
| 120 | + | ||
| 121 | + | ||
| 122 | + | (b) For those who will have resided in the facility for one year as of the effective date of the eviction, no less than 60 days notice. | |
| 123 | + | ||
| 124 | + | (b) | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (c) For those who will have resided in the facility for two years as of the effective date of the eviction, no less than 90 days notice. | |
| 124 | 129 | ||
| 125 | 130 | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 126 | 131 | ||
| 127 | 132 | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 128 | 133 | ||
| 129 | 134 | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 130 | 135 | ||
| 131 | 136 | ### SEC. 4. |