complaint·June 12, 2025

Interviews with staff revealed that facility management received multiple complaints from residents and staff regarding R1 and R2's behavior and comments. Interviews with staff revealed that R1 and R2 made multiple comments that residents felt were inappropriate, abrasive, and judgmental. Interviews with staff and R1 revealed that on 5/26/2025, the Executive Director spoke with R1 and R2 regarding their behavior and stated that their respite stay would need to be shortened and that R1 and R2 would need to leave the facility. Review of R1 and R2's admission agreement signed May 2025 revealed that residents could only be evicted from the facility via a written 30-day notice or a written 3-day notice with prior Department approval. The Executive Director confirmed in interviews that a written 30-day notice was not issued to R1 or R2 at any time. Review of documents received by the Department from the facility confirmed that a 3-day eviction notice was also not requested. Interviews confirmed that R1 and R2 vacated their apartment on 5/26/2025. The Department has investigated the above-mentioned allegation and based on interviews and record review, the preponderance of the evidence has been met, therefore, this allegation is deemed substantiated. The following deficiency was cited for unlawful eviction and noted on the attached LIC9099-D page. An exit interview was conducted with Executive Director Mariano Perez , whose signature below confirms receipt of a copy of this report and the Licensee Appeal Rights (LIC9058 3/22). Interviews with staff and R1 and review of R1 and R2’s admission agreement signed May 2025 revealed that R1 and R2 moved into the facility on 5/15/2025 under a respite stay for approximately one month. Interviews with staff and R1 and review of R1 and R2’s fee schedule paperwork revealed that the daily rate for R1 and R2’s stay at the facility was $350, for a total of $10,500 for the month-long stay. R1 and R2 paid a deposit of $2,500 via check for their respite stay in April 2025 and paid $8,500 via check on 5/15/2025. Interviews with staff and R1 revealed that the amount on the second check was written incorrectly and R1 and R2 did not have a spare check to fill out at that time, therefore, R1 and R2 paid a total of $11,000 and had overpaid for their 30-day respite stay by $500. Interviews with R1 and staff did not reveal that R1 and R2 unknowingly overpaid upon move in and confirmed that there were discussions that R1 and R2’s stay could be extended, or the extra money would be refunded at a later date. On 5/26/2025, R1 and R2 were asked to move out of the facility by the Executive Director and they vacated their apartment on the same day, terminating the admission agreement. This resulted in R1 and R2’s stay only consisting of 12 days from 5/15/2025 to 5/26/2025. Review of R1 and R2’s admission agreement revealed that the facility’s refund policy stated that any prepaid unused fees minus any expenses incurred by the facility to repair or replace damaged property and remove or store any belongings left behind would be refunded within 30 calendar days of the termination of the agreement. Interviews with staff and R1 revealed that R1 and R2 received a full refund of the total $11,000 paid to the facility 15 days later, on 6/10/2025. The Department has investigated the above-mentioned allegation and based on interviews and records review, this allegation is deemed unfounded, meaning that the allegation was false, could not have happened, or is without reasonable basis. An exit interview was conducted with Executive Director Mariano Perez, whose signature below confirms receipt of a copy of this report and the Licensee Appeal Rights (LIC9058 3/22).