§ 87224. Eviction Procedures.
22 CA ADC § 87224Barclays Official California Code of Regulations
22 CCR § 87224
§ 87224. Eviction Procedures.
1. In addition to written notice to quit requirements specified in Section 87224(d), written notice to evict due to change of use of the facility shall be made to the resident or the resident's responsible person and shall include all requirements specified in Section 1569.682(a)(2)(A) through (F) of the Health and Safety Code.
(b) The licensee may, upon obtaining prior written approval from the licensing agency, evict the resident upon three (3) days written notice to quit. The licensing agency may grant approval for the eviction upon a finding of good cause. Good cause exists if the resident is engaging in behavior which is a threat to the mental and/or physical health or safety of himself or to the mental and/or physical health or safety of others in the facility.
(C) A statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office.
(D) The following exact statement as specified in Health and Safety Code Section 1569.683(a)(4): “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.”
(i) Nothing in Section 87224 precludes the licensee from initiating the urgent relocation to a licensed health facility of a terminally ill resident receiving hospice services when the resident's condition has changed and a joint determination has been made by the Department, the resident or resident's health care surrogate decision maker, the resident's hospice agency, a physician, and the licensee, that the resident's continued retention in the facility poses a health and safety risk to the resident or any other facility resident.
Credits
Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.1, 1569.2, 1569.31, 1569.312, 1569.315, 1569.54, 1569.682, 1569.683 and 1569.73, Health and Safety Code.
History
1. Change without regulatory effect renumbering Section 87424 to Section 87224 filed 11-17-88 (Register 88, No. 49). For prior history, see Registers 88, No. 34 and 88, No. 2.
2. Change without regulatory effect amending section heading, section and Note filed 6-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
3. Change without regulatory effect amending section heading and section filed 6-15-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 24).
4. Change without regulatory effect renumbering section 87224 to new section 87156 and renumbering former section 87589 to new section 87224, including amendment of subsections (i)-(i)(1) and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
5. Amendment of subsection (a)(4), new subsections (d)(1)-(d)(1)(D) and amendment of Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
6. Change without regulatory effect amending subsection (a), adopting new subsections (a)(5)(A)-(a)(5)(A)1., amending subsection (c) and amending Note filed 1-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 2).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 22, § 87224, 22 CA ADC § 87224
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