Complaint·August 3, 2023

INVESTIGATION REVEALED THE FOLLOWING: Allegation: Unlawful Eviction. The details of the complaint alleged that resident #1 (R1) was evicted from the facility. The complainant reported that (R1) was not given a notice before the move and considered the action as an unlawful eviction. The Department interviewed Executive Director staff #1 (S1). (S1) stated (R1) moved in on 03/23/23. (S1) was to occupy room #423 a private room. The current resident of #423 was still occupying the room, so the room was not available. (R1) was provided a “temporary room” #209 until the room #423 became vacant. Room #209 was a shared room and the facility accommodated (R1) and made it into a private room knowing it was only a temporary. Once room #423 became available, (R1) no longer desired the room and preferred maintaining in room #209, according to (S2). (S2-S3) overheard (R1) was dissatisfied with other residents and stated that if unable to stay in room #209, (R1) will just leave the facility. (S1) claimed that (R1) was admitted into the facility with the assistance of (R1’s) case manager. (S1) reported that (R1) was not given an eviction notice as (R1) had voluntarily terminated residency to relocate in Evergreen Retirement Residence. (S1) stated that when (R1) had refused in taking room #423, (R1) was provided options of other facilities that had vacancies with private rooms. (S1) stated that options plans were discussed with (R1) before (R1's) hospitalization at Cedars Sinai on 07/15/23 – 07/18/23. In addition, since (R1) was discharged, there were no private rooms available, and due to (R1)'s) health condition, (R1) had to stay in a private room. An interview with (R1) stated no prior discussion or options were implemented by management before (R1’s) hospitalization 07/15/-23 – 07/18/23. (R1) claimed that management wanted to place a new resident in room #209 was the reason for (R1's) move on 07/20/23. (R1) admitted signing the admissions agreement at Evergreen at Retirement Residence and knowingly what the content of the agreement. After reviewing (R1's) service records, the Department determined that (R1) is independent, capable of self-care, and has not been diagnosed with a mental condition. (R1) has the full capacity to manage financial affairs. The Department conducted a tour of the facility and observed room #209 remains unoccupied. Based on gathered information, there is no evidence to support the allegation mentioned above. (Evaluation Report continues LIC 9099-C) Based on the information collected, an inspection of the facility, observation, record reviews, and interviews conducted, the Department found no evidence to support the allegation for this complaint. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation, did or did not occur, therefore the allegation is Unsubstantiated . An exit interview was conducted with Mendy Ginsberg, and copy of the report was provided.