Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 6 - Licensing of Community Care FacilitiesChapter 1 - General Licensing Requirements
Article 6 - Continuing Requirements
Section 80068.5 - Eviction Procedures

Cal. Code Regs. tit. 22 § 80068.5

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 80068.5 - Eviction Procedures
(a) Except for children's residential facilities, the licensee may, upon 30 days written notice to the client, evict the client only for one or more of the following reasons:
(1) Nonpayment of the rate for basic services within ten days of the due date.
(2) Failure of the client to comply with state or local law after receiving written notice of the alleged violation.
(3) Failure of the client to comply with general facility policies that are documented in the facility admission agreement, and are for the purpose of making it possible for clients to live together.
(4) Inability to meet the client's needs.
(A) A Needs and Services Plan modification must have been performed, as specified in Section 80068.3(a), which determined that the client's needs cannot be met by the facility and the client has been given the opportunity to relocate as specified in Section 80068.3(b).
(5) The client refuses to comply with his/her Restricted Health Condition Care Plan, if any, as specified in Section 80092.2.
(6) Change of use of the facility.
(b) The licensee shall obtain prior written approval from the Department to evict the client upon three (3) days written notice to quit and upon a finding of good cause.
(1) Good cause exists if the client engages in behavior that threatens the mental and/or physical health or safety of himself/herself or others in the facility.
(2) Failure of the Department to reply to the request for approval within two working days shall be considered approval.
(c) The notice to quit shall state the reasons for the eviction, with specific facts supporting the reason for the eviction, including the date, place, witnesses, if any, and circumstances.
(d) When serving the client with either a 30-day or a 3-day notice to quit, the licensee shall, on the same day, overnight mail or fax a copy of the notice to the client's authorized representative, if any, or responsible person if there is no authorized representative.
(e) The licensee shall mail or fax to the Department a copy of the 30-day written notice in accordance with (a) above within five days of giving the notice to the client.
(f) Upon request of a client or his/her authorized representative or responsible person, the Department will investigate the reasons for the eviction pursuant to the provisions of Sections 1538 and 1569.35 of the Health and Safety Code.
(g) Nothing in this section precludes the licensee or client from invoking any other available remedy.

Cal. Code Regs. Tit. 22, § 80068.5

1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of subsections (a), (a)(3)(A), (a)(4)(A), (a)(5), (b)(1), (c), (d), (f) and (g), transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a) and NOTE filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
9. Change without regulatory effect repealing subsection (a)(3)(A) filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1531 and 1770 et seq., Health and Safety Code.

1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of subsections (a), (a)(3)(A), (a)(4)(A), (a)(5), (b)(1), (c), (d), (f) and (g), transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a) and Note filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
9. Change without regulatory effect repealing subsection (a)(3)(A) filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).