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 resident's 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 or 90 days, depending on the length of the resident's residency in the RCFE. The bill would additionally require a licensee of an RCFE to include in a notice of eviction documentation of the licensee's reasonable efforts to create a safe discharge plan, and would require the plan to include a list of the resident's 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.

Statutes affected:
SB 434: 1569.683 HSC
02/18/25 - Introduced: 1569.683 HSC