Assisted Living Facility Resident Rights and Eviction

Nursing homes are bound by a strict set of rules provided by federal law which address Resident Rights. Federal 1987 Nursing Home Reform Law.(42 CFR 483.10)

Unfortunately, these laws do not apply to Independent Living or Assisted Living Facilities.  

Some states have state laws which address Resident Rights for Independent Living or Assisted Living Facilities.  In that case, the law would specify the rights.

In Connecticut, there is no law addressing Resident Rights for Independent Living or Assisted Living Facilities.  Therefore, the contract which was signed and Landlord Tenant law governing real estate leases are what specify the resident's rights.

That means that the Resident can be removed from the facility for a wide range of reasons.  The only restriction on the facility is the contract which it drafted and landlord tenant law.

Under landlord tenant law they are required to give you notice in writing and a reason for eviction. In addition, there will be a court hearing scheduled in which you can contest the eviction.

Bottom line, you may face eviction from an Independent Living or Assisted Living Facility with scant legal protection.  A seasoned Elder Lawyer may be able to help as may the state ombudsman.

Elder, Wills, Estates, Trusts, Special Needs Tax & Business Law; Attorney John Sweeney

Sweeney Legal, LLC, provides legal, practical, and business counsel to Seniors, families, and businesses in the Fairfield, Connecticut area, including the communities of Bridgeport, Bethel, Brookfield, Danbury, Darien, Easton, Fairfield, New Canaan, Newtown, Norwalk, Redding, Ridgefield, Stamford, Weston, Westport and Wilton. John is also licensed in New York serving Westchester County including the towns of Bedford, Lewisboro, Mount Kisco, North Salem, Pound Ridge, and Somers.

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