Unlicensed doesn't always mean illegal: federal researchers found that some unlicensed care homes operate legally and others illegally, and state law decides which is which. An unlicensed care home gives two or more unrelated people room, board and some services without a state license. If a "room with care" for a parent costs far less than local assisted living and the listing never mentions a license, this guide shows how to check the home and who to call in seven states: California, Texas, Washington, Florida, Georgia, Maryland and Pennsylvania.

In This Guide

A useful federal description comes from the Office of the Assistant Secretary for Planning and Evaluation (ASPE) at HHS. In its 2015 study, Understanding Unlicensed Care Homes, ASPE describes these as homes that provide room, board and some level of services for two or more unrelated people but are not licensed or certified by the state. ASPE says they often serve very vulnerable people, including older adults with functional limitations and limited financial resources.

"Unlicensed" is not the same as "illegal." ASPE says some of these homes are legally unlicensed while others operate illegally, and RTI International, announcing a 2018 journal article based on that study, notes that some states allow categories of residential care homes to operate legally without a license. ASPE calls its study exploratory, but its findings highlight potential issues of safety, abuse and financial exploitation in unlicensed care homes.

So the real question is whether this home needs a license under your state's law, and whether it has one. Pennsylvania's Department of Human Services puts the practical stakes plainly: checking that a personal care home is licensed is the best way to make sure it gets regular inspections of its building and the care it delivers.

When Does a Small Care Home Need a License?

Each state writes its own test. Some count residents; others look at whether the home offers or advertises care. The table gives each rule as the law or the licensing agency words it. Florida's rules appear in the sections that follow.

State Who licenses it When a license is required
California California Department of Social Services (CDSS), Community Care Licensing Division (CCLD) No one may run a residential care facility for the elderly (RCFE) without a license. A non-exempt home counts as an unlicensed RCFE if it provides care and supervision, holds itself out as providing it, accepts residents who need it, or claims to be licensed (Health and Safety Code 1569.44).
Texas Texas Health and Human Services Commission (HHSC) Food and shelter for four or more people unrelated to the proprietor, plus personal care or medication administration, makes an assisted living facility, which needs a license. An adult foster care home serving four or more adults must be licensed as one.
Washington Department of Social and Health Services (Washington DSHS) No one may provide personal care, special care, and room and board to more than one resident without a license (WAC 388-76-10005). Adult family homes are licensed for two to six residents. State law defines an assisted living facility as serving seven or more, though a facility licensed for three to six residents on or before July 1, 2000 may keep that license.,
Georgia Georgia Department of Community Health, Healthcare Facility Regulation Division Housing, food service and one or more personal services for two or more adults not related to the owner make a personal care home. The state may let homes with two or three beds for non-family adults register instead of being licensed.,
Maryland Office of Health Care Quality (OHCQ) Housing plus supportive services or personal help for people who need help with daily activities makes an assisted living program, which needs a license. OHCQ says programs range from a small home with two residents to 100 or more units.,,
Pennsylvania Pennsylvania Department of Human Services Food, shelter and personal help for more than 24 hours to four or more unrelated adults who need help with daily activities but do not need the services of a licensed long-term care facility makes a personal care home. A home that holds itself out as one and houses four or more adults who need personal care counts as one even if they aren't getting that care.

What Happens to an Unlicensed Operator

The table lists only the consequences each state's law or agency spells out.

State What the law says happens
California An immediate civil penalty of $100 per resident for each day of the violation, doubled if the operator refuses to seek a license or keeps operating after being denied one, unless the state finds other remedies, including criminal prosecution, more effective.
Texas Since September 1, 2025, operating an assisted living facility without a license is a Class A misdemeanor, and a third-degree felony after a prior conviction. A civil penalty of $1,000 to $10,000 applies for each act, and each day of a continuing violation counts separately.
Washington Running an adult family home without a license is a misdemeanor, and each day of a continuing violation after conviction is a separate offense. The state can also sue for an injunction or civil penalty, and the violation counts as an unfair or deceptive act under the Consumer Protection Act.
Florida Maintaining property used as an unlicensed assisted living facility is a third-degree felony, each day a separate offense; a repeat conviction is a second-degree felony. Under the state's general licensing law, an unlicensed provider that keeps operating after notice from the Florida Agency for Health Care Administration (AHCA) may be fined $1,000 a day.
Georgia A first offense is a misdemeanor. It becomes a felony, punishable by one to five years in prison, when it comes with abuse, neglect or exploitation of an elder or disabled adult, and a second or later conviction carries one to ten years.
Maryland Knowingly and willfully running an assisted living program without a license is a felony: up to a $10,000 fine, up to 5 years in prison, or both for a first offense, and up to $20,000 and 5 years after that.
Pennsylvania An operator found running a personal care home without a license will be fined and ordered to stop operating, according to the state's licensing FAQ.

Florida's felony provision, section 429.08, names unlicensed assisted living facilities. AHCA also licenses adult family care homes as a separate category, so ask AHCA how the rules apply to one before assuming the same penalty.,

Warning Signs a Care Home May Be Unlicensed

You can't judge a license from a walk-through, but state law sketches what an illegal home looks like. Each sign below comes from a statute or agency.

In Florida, AHCA publishes its own checklist for deciding whether a particular home is an unlicensed assisted living facility or adult family care home. Use the official version on AHCA's Determine Unlicensed Activity page rather than a summary.

How to Tell if a Care Home Is Licensed

Check before a deposit changes hands.

1
Step 1

Write down the home's exact name, street address and operator's name from the listing or contract

2
Step 2

Search the state's official lookup, listed below, by name, then by address if the name doesn't match

3
Step 3

Read what comes back: the license type, its status and, where the state posts them, inspection or complaint reports

4
Step 4

If you can't find the home, contact the state licensing agency in the next section before anyone signs or pays

The official lookup in each of the seven states:

Placement Agents and Referrals

A hospital discharge planner, a county worker or a private referral agency may suggest a home. Several states bar those referrers from sending anyone to an unlicensed home.

In California, a placement agency includes hospital discharge planners, county social service departments, public guardians and private referral agencies. No California placement agency may place, refer or recommend someone to a home providing care and supervision unless it is a licensed residential care facility for the elderly (RCFE) or exempt from licensing; each violation is a misdemeanor. A California placement agency employee who knows or reasonably suspects a home is unlicensed must report it to the California Department of Social Services (CDSS), which must investigate within 10 days when it has probable cause.

In Washington, no public agency contractor or employee may place, refer or recommend someone into an adult family home operating without a license, and one who knows of such a home must report it to DSHS (RCW 70.128.110).

In Florida, it is unlawful to knowingly refer someone for residency to an unlicensed assisted living facility, and a health care practitioner who knows one is operating must report it to AHCA (section 429.08).

In Maryland, willfully and knowingly referring someone to an unlicensed assisted living program brings civil penalties of up to $1,000 for a first offense, $2,000 for a second and $3,000 after that. Maryland law also requires every referrer to assisted living programs to register with OHCQ, so it's fair to ask a Maryland referral agent whether they're registered.

Run the license lookup yourself even when a professional suggested the home.

How to Report an Unlicensed Care Home

If anyone is in immediate danger, call 911 before anything else; Washington's DSHS gives exactly that instruction on its reporting page. Once everyone is safe, report the home to the state agency that licenses care homes.

If your parent already lives in one

What happens to residents depends on the state. In California, when CDSS discovers an unlicensed home, it must refer residents to a placement or adult protective services agency or the long-term care ombudsman if there's an immediate threat to their health and safety or the operator won't cooperate with getting licensed. In Maryland, if an investigation finds no reason to believe residents were neglected, exploited or abused, the program gets written notice to come into compliance within 30 days. In Pennsylvania, residents at risk of death or serious injury may be removed immediately.

The long-term care ombudsman program advocates for residents of nursing homes, assisted living facilities, board and care homes and similar adult care homes. The federal Administration for Community Living points people to the National Consumer Voice for Quality Long-Term Care's state directory to find the program in their state.

Frequently Asked Questions

Is it illegal to run an unlicensed care home?

Running an unlicensed care home is illegal only where state law requires that home to be licensed; in the seven states this guide covers (California, Texas, Washington, Florida, Georgia, Maryland and Pennsylvania), doing so carries the penalties listed in the penalties table above.,,,,,,,

Is a boarding-home or rooming-house license good enough?

Not in Pennsylvania. The state's Department of Human Services says a local rooming-house or boarding-home license is not a substitute for a personal care home license.

Do I need proof before I report a care home?

Not in Washington, where DSHS says you don't need proof to report suspected abuse and don't need to give your name. In California, CDSS says a complainant's name stays anonymous unless they give permission to use it. Report what you saw; investigating is the agency's job.

Learn More

Care TypesBoard and Care Homes: What They Are, What They Cost, and Who They SuitBoard and care homes are small homes, usually 20 or fewer residents, with meals, personal care and 24-hour staff. What they cost, who pays, and how to vet one. Care TypesHow to Choose an Assisted Living Facility: A Step-by-Step GuideHow to choose an assisted living facility: check the state license and inspection record, tour twice, and read the contract and fees before you sign. Care TypesHow to File a Complaint About an Assisted Living FacilityHow to file a complaint against an assisted living facility: call 911 for danger, then use your state licensing agency and the free long-term care ombudsman. Care TypesThe Long-Term Care Ombudsman: A Free Advocate for Nursing Home and Assisted Living ResidentsEvery state has a free, confidential long-term care ombudsman for nursing home and assisted living residents. What they do, whose side they're on, how to call. Care TypesHow SSI State Supplements Help Pay for Board and Care HomesSSI state supplement for board and care homes in 2026: what SSI plus the supplement pays in 14 states and DC, what your parent keeps, and where to apply. Care TypesAssisted Living by State: Costs, Rules and Medicaid CoverageWhat assisted living costs, how licensing and Medicaid coverage differ from state to state, plus a guide to all 50 states so you can jump straight to yours.

Chat with Brevy's care navigator for help checking whether a care home is licensed 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.

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