Can a Board and Care Home Evict a Resident? Notice and Appeal Rights

Yes, a board and care home can evict a resident, but Oregon, Washington and Pennsylvania allow it only for reasons their rules list, and North Carolina's law names the reasons a home may use. Oregon, Washington, Pennsylvania, North Carolina and Georgia require a board and care home to give 30 days' written notice before a resident must move out, with emergency exceptions in most. If Mom's home says she must leave, the notice's stated reason and her state decide what happens next.1,2,3,4,5

First, Find Out What Kind of Home This Is

A board and care home is a small private residence, usually with 20 or fewer residents, that provides meals, personal care and round-the-clock staff but usually not nursing care.8 If she's in a nursing home instead, see nursing home discharge rights.

If the Home Says Her Needs Have Outgrown It

"We can't meet her needs" is a judgment about her care, so ask the home to name in writing the needs it can't meet and what it tried first. State rules differ:

• Washington: The home must first try reasonable accommodations, unless she agrees to go.2
• Oregon: If her needs exceed the home's license class, the home must request a written variance, which can be granted if, among other criteria, staying is her choice. If she wants to stay, ask whether it has.9
• North Carolina: Homes can't keep residents needing continuous licensed nursing care unless a physician certifies that appropriate care can be provided temporarily to prevent an unnecessary move.10
• Georgia: An aging-in-place exception lets a home keep up to three non-ambulatory residents; the state can revoke it.11
• Pennsylvania: A personal care home needn't keep a resident whose needs it can't meet, even with hospice. If you disagree, a Pennsylvania personal care home must consult an assessment agency or her physician.12
• Michigan: Hospice enrollment doesn't by itself put an adult foster care resident beyond what the home may serve, but that rule doesn't address when a home may ask her to leave.13
• Hawaii: The Hawaii Department of Human Services can't remove a resident on the state's Supplemental Security Income (SSI) supplement against her wishes if the operator agrees she can stay, unless she needs a higher level of care or no longer needs domiciliary care.14

If She's in the Hospital

In Oregon, a home that can no longer meet a hospitalized resident's needs may give less than 30 days' notice, but must give it in person as soon as possible, on the Oregon Department of Human Services SDS 901 form. If an Oregon adult foster home refuses her return, she's entitled to an informal conference and a hearing first.15

Under Washington's WAC 388-76, notice may come as soon as practicable once she's been away 30 or more days, and a home that discharges her unlawfully must readmit her when a gender-appropriate bed opens.2

If the Home Is Closing

An Oregon adult foster home must give at least 30 calendar days' written notice before a voluntary closure, but the hearing right doesn't cover closure moves.15 A Washington adult family home must give the state and each resident written notice at least 30 days before closing, plus a discharge plan for each resident.2 A closing Pennsylvania personal care home must give 30 days' written notice too.3

Board and Care Eviction Rules in 7 States

This guide does not cover California, Florida or New York.

If Medicaid Pays for Her Care

If Medicaid pays through home and community-based services, a federal floor applies. Under 42 CFR 441.301, a provider-owned or controlled setting must give her at least the eviction protections a tenant has under landlord-tenant law, or, where that law doesn't apply, a written agreement with comparable eviction processes and appeals.6 In 2019, the Centers for Medicare & Medicaid Services (CMS) said a home owned by an unrelated caregiver paid to provide her services, such as an adult foster home, counts as provider-owned.16

What to Do This Week When a Board and Care Home Wants to Evict a Resident

1. Check the notice's reason and date against your state's row above.
2. Call the long-term care ombudsman. The Older Americans Act ombudsman program serves board and care residents; find yours in the Consumer Voice directory.7,17
3. Ask the home for the appeal route in writing.
4. Ask for relocation help. In North Carolina, the home must convene a discharge team when no suitable destination is known, and the regional ombudsman joins if you ask.4

Learn More

Talk through your move-out notice with Brevy's care navigator at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.