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Popular Landlord-Tenant Guide Updated

The California Department of Real Estate recently released the updated version of “California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.” The popular guide was last published by the California Department of Consumer Affairs in 2012 but became somewhat obsolete in the last few years. Numerous substantive changes to landlord-tenant law are included in the new version of “California Tenants.” The 2019 Tenant Protection Act (known as AB 1482) provides protections for certain long-term tenants by limiting rent increases and requiring landlords to state a cause for termination in certain cases (and sometimes even paying relocation benefits). The publication also alerts consumers of emergency legislation due to the Covid-19 pandemic. On August 31, 2020, the California legislature passed the “Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (known as AB 3088),” which included the COVID-19 Tenant Relief Act of 2020. Tenants who experience financial distress due to the pandemic (e.g. income loss) may have eviction protections under the Tenant Relief Act or a...

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RCFE Reform Act Update

Introduction The San Diego assisted living facility resident fell onto the floor and spent two days there before a security guard found him. The resident had various sores, abrasions, and dried feces on his body. The resident was rushed to the hospital and eventually died the next day. Another San Diego assisted living facility resident required hospitalization and eventually died after developing six open sores on his hip, heel, coccyx, and testicles. The facility staff overlooked the ulcers, even though they were showering and changing him. These cases are just two of many instances of elder abuse and neglect occurring in California assisted living facilities, also known as Residential Care Facilities for the Elderly (RCFEs). According to a U-T San Diego Newspaper watchdog special report, since 2008, at least 27 San Diego County seniors have died from injuries and/or neglect in assisted living facilities. Background The RCFE Reform Act is a set of 12 bills which address potentially life-threatening health and safety concerns faced by RCFE residents and their...

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FACT SHEET: NEW LAW BANS NEW ADMISSIONS INTO NONCOMPLIANT RCFES

Click here for printable fact sheet: SB 1153 (Leno) Residential care facilities for the elderly Background: The California Department of Social Services (CDSS) oversees licensing and regulation of Residential Care Facilities for the Elderly (RCFEs). RCFEs are also known as assisted living facilities, retirement homes, and board and care homes. RCFEs provide housing and services to persons 60 years of age and over and persons under 60 with compatible needs. RCFE employees supervise and assist older adults with activities of daily living, such as bathing. Old law: CDSS may deny RCFEs license applications or suspensions for rules and regulations violations, conduct which harms the health, morals, welfare, or safety of a resident; engaging in acts of financial malfeasance concerning operation of the facility; etc. CDSS may assess civil penalties of $25 to $50 per violation per day for each violation, except where the seriousness of the violation warrants a higher penalty, not to exceed $150 per day per violation. Issue: Over 7,500 RCFEs with 174,000 beds are licensed with...

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FACT SHEET: NEW LAW REQUIRES ADDITIONAL TRAINING REQUIREMENTS FOR RCFE ADMINISTRATORS AND STAFF

Click here for printable fact sheet: SB 911 (Block) Residential care facilities for the elderly Background: The California Department of Social Services (CDSS) oversees licensing and regulation of Residential Care Facilities for the Elderly (RCFEs). RCFEs are also known as assisted living facilities, retirement homes, and board and care homes. RCFEs provide housing and services to persons 60 years of age and over and persons under 60 with compatible needs. RCFE employees supervise and assist older adults with activities of daily living, such as bathing and dressing. Old law: A license applicant and RCFE administrator is required to complete a certification program, which includes a minimum of 40 hours of classroom instruction. The certification is valid for two years and recertification requires 40 hours of continuing education. Staff members who provide direct care must receive 10 hours of initial training within the first four weeks of employment and at least 4 hours annually. Issue: Over 7,500 RCFEs with 174,000 beds are licensed with CDSS. These facilities now serve more...

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FACT SHEET: NEW LAW REQUIRES RCFES TO REMEDY DEFICIENCIES

Click here for printable fact sheet: SB 895 (Corbett) Residential care facilities for the elderly Background: The California Department of Social Services (CDSS) oversees licensing and regulation of Residential Care Facilities for the Elderly (RCFEs). RCFEs are also known as assisted living facilities, retirement homes, and board and care homes. RCFEs provide housing and services to persons 60 years of age and over and persons under 60 with compatible needs. RCFE employees supervise and assist older adults with activities of daily living, such as bathing. Old law: CDSS is required to perform random inspections each year on 30% of the RCFE facilities which have had a history of compliance issues and 20% of RCFE facilities which do not have a history of compliance issues. CDSS must visit every RCFE once every 5 years. Any person can request an inspection of any RCFE by submitting an oral or written request. CDSS is required to make a preliminary review and an onsite inspection within 10 days after receiving the complaint. CDSS...

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FACT SHEET: NEW LAW PROVIDES FOR PROPER PATIENT NOTIFICATION OF END-OF-LIFE CARE

Click here for printable fact sheet: AB 2139 (Eggman) End-of-life care: patient notification Background: According to the California Attorney General’s Office, many Californians facing terminal illness put off important end-of-life decisions. These decisions can include pain management choices, funeral arrangements, and estate/financial planning. Old law: The patient must affirmatively ask the healthcare provider to provide comprehensive information and counseling regarding legal end-of-life options. If the patient’s health care provider does not wish to comply with the patient’s request, the health care provider must provide for the referral or transfer of patient. Issue: People with terminal illnesses who are unprepared for end-of-life decision making may receive treatment that is not consistent with their wishes. Patients may not know what to ask for or that these care options exist. Also, persons authorized to make health care decisions for a patient with a terminal illness diagnosis, such as agents for an Advance Health Care Directive, are not specifically named in the law to receive comprehensive information and counseling regarding legal end-of-life options....

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