| Last Version Text |
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<ns0:Description>
<ns0:Id>20250SB__043497AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-18</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-03-24</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-01</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>434</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Wahab</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Senator Ashby)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Wahab</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Ashby</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> 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. </ns0:Title>
<ns0:RelatingClause>health and care facilities</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Residential care facilities for the elderly: housing protections.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>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, 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. Under existing law, 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 with 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.</html:p>
<html:p>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 resident’s residency in the 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 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.</html:p>
<html:p>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 refusal of entry in violation of these provisions subject to civil and criminal penalties. </html:p>
<html:p>Because the bill would create a new crime, the bill would impose a state-mandated local program. </html:p>
<html:p>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.</html:p>
<html:p>This bill would
provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_2F2BF6EF-3C9C-4371-9AFF-D518C7106A37">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>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.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_12B11B88-1A95-4C2D-B8DB-425C035CB16D">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1569.683.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1569.683 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_76795A6D-3032-46FB-9A10-D919BFB27FA1">
<ns0:Num>1569.683.</ns0:Num>
<ns0:LawSectionVersion id="id_AB6DE765-8F4C-48B5-A324-5337ACB49933">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The effective date of the eviction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation of the licensee’s reasonable efforts to create a safe discharge plan. The documentation shall include, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A list of the resident’s posteviction needs, goals, and preferences.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A list of discharge locations that meet all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Are equipped to meet the needs of the resident.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Are financially practicable for the resident, including, but not limited to, facilities that are covered by the
resident’s Medi-Cal managed care plan, if applicable.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Are within 60 miles of the resident’s preferred city.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The list provided pursuant to this subparagraph shall specify the services provided at each location that meet the resident’s needs and each location’s state licensing status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Information about the resident’s 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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.”
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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 resident’s responsible person.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 resident’s 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_594207C3-B6FA-45A1-A6C1-9B828EB696D9">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 1569.684 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FA964C98-D80D-4C96-91D8-1A5DC9E1AE6A">
<ns0:Num>1569.684.</ns0:Num>
<ns0:LawSectionVersion id="id_CDB15B91-0754-451E-ADDC-A471FC5D10D4">
<ns0:Content>
<html:p>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:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
For those who will have resided in the facility for less than one year as of the effective date of the eviction, or who are being evicted for nonpayment of the rate for basic services within 10 days of the due date, no less than 30 days’ notice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For those who will have resided in the facility for one year
or more, but less than two years, as of the effective date of the eviction, no less than 60 days’ notice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
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<ns0:BillSection id="id_A7B0B944-EB55-4A67-9B1B-85DC4B7EB037">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B 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 XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
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</ns0:Bill>
</ns0:MeasureDoc>
|
| Last Version Text Digest |
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, 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. Under existing law, 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 with 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 that a licensee is required to provide to a resident to 30, 60, or 90 days, depending on the length of the resident’s residency in the 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 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 refusal of entry in violation of these provisions subject to civil and criminal penalties. This bill would provide that no reimbursement is required by this act for a specified reason. |