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
It’s quite a good idea actually. Normally Tenants are the ones that have all of lee-way so it’s nice that the Landlords have a bit of power for once.
Having said this, it’s not so good for businesses as one important factor in the sales value of a business is the lease terms, the value of which goes down dramatically if the Landlord can cancel with just 45 days notice.
Thanks for commenting Alec and maybe there’s more to the story but the problem lies with the Florida law. Because of it, no one gets to examine the full story.
The right to due process is a fundamental American constitutional right and it is being denied to folks who may need it the most. (Kick a college student out of an apartment and he’s likely staying with a friend the next day, sleeping on the floor, with little complaint.)
To get a reason for an evictionand the right to appeal is basic fairness. Heck, maybe there was a mistake.
An assisted living facility that participates in a Medicaid program, does have to comply with certain Federal laws, due to funds being received thru the Medicaid program, which falls under the Social Security program.
Under Florida Statutes Chapter 400 Part 3; Florida Administrative Code Chapter 58A-5 et seq.
“Admission/Retention:
Continued residency. Additional criteria affect continued residency. In standard assisted living facilities, people who are bedridden more than seven days or develop a need for 24-hour nursing supervision may not be retained. Residents with Stage II pressure sores may remain if the facility has a limited nursing license or the resident contracts with a home health agency or registered nurse.
Agreements:
Resident contracts must include a list of specific services, supplies and accommodations provided, including limited nursing services and extended congregate care services; the basic daily, weekly, or monthly rate; a list of any additional services available and their charges; a provision giving at least a 30-day notice of rate changes; rights, duties, and obligations of residents; purpose of advance payments or deposits and refund policy; bed hold policy; a statement of any religious affiliation; and a notice of transfer if the facility is not able to serve the resident.”
The key issue is that none of us know the resident’s true medical condition and a resident’s medical condition can change in such a manner that a higher level of patient is required. There is a contract between the patient and the facility and we do not know the clauses within that contract, however, it probably has specific criteria for continued residence and conditions for discharge.
Welcome to the complicated world of healthcare.
Does this apply to ALL leases or only residential leases. I mean, is there any differentiation between residential leases or commercial leases for this rule??
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Comment by Peter Bland:
I think assisted living residents should be bound by the sames laws and rules as normal residents, they are people after all.