Imagine you, or a loved one, is a resident of an assisted living facility and you are evicted without reason. Imagine also that you have no right of appeal. You get 45 days to move out— that’s it. No, you are not in a communist country. You are in Florida, USA. That’s right.
Unlike nursing homes, which are governed by federal law (where evictions can be appealed), assisted living centers are governed by state law. In Florida, assisted living residents are not covered by landlord-tenant law. Therefore, residents can be evicted for any reason or no reason at all. And there is NO right to an appeal.
Take the case of 60 year old Jay Sparaga. Jay, a diabetic who uses a wheelchair, was living in the Munne Center in Miami when he was sent his walking papers under Florida law — a simple 45 day notice to move out. No reason. No appeal. Some may say he was evicted for convenience– he required too much care. Others, including Jay, think the reason was his complaining about conditions at the facility. The Munne Center declined to comment on the reason.
This clear denial of due process makes the 80,000 assisted living residents in Florida at risk of homelessness. Other states do provide protection under landlord-tenancy laws but others, like Florida, are silent as to the legal rights of these residents to housing and care. This is particularly disturbing since many residents of assisted care centers are sick or frail and dependent on the facility.
State Senator Ronda Storms (R) and Rep. Hugh Gibson (R) have introduced legislation to change this sad, un-American state of affairs in Florida by requiring assisted living facilities to give a reason for discharge and residents a right of appeal.
Before placing anyone in an assisted care facility make sure you check the laws in your state.
Sources: Florida Sun Sentinel; AARP Bulletin April 2008
Technorati Tags: assisted living, eviction, real estate law, Florida
