Ask about . . . Discharge Policies
Most housing developments operate under landlord-tenant law. A signed lease spells out the responsibilities of the landlord and the responsibilities of the tenant living in the development, and the rental charge is in force for the length of time stated in the lease.
The lease is a contract between the tenant and the landlord. When the lease expires, the terms of the new lease are renegotiated by both parties. Both the landlord and the tenant have the privilege of refusing to renew the lease, with no explanations required.
During the time period in which the lease is in force, the landlord can bring termination and eviction proceedings against a tenant for failure to pay the rent, or for a pattern of repeated behaviors that harm the physical property or other tenants or that make it impossible for other tenants to live comfortably in the development. However, the landlord must follow standard, legal eviction proceedings.
Under landlord/tenant law, a tenant's health or functional status is not a basis for lease termination and eviction.
During the time period in which a lease is in force, tenants aged 62 and over can terminate the lease with 30 days written notice if the tenant is moving into less expensive senior housing, senior housing that provides supportive activities and services, a health care facility, or in with family members because of a need for assistance. For more information, see Lease Termination.
Housing with services or care—
Some housing has been designed to provide personal care and health-related services for tenants who are physically or mentally frail. In some cases, the housing operator may not be required to keep a tenant who requires more services and care than the operator can provide.
Often, in place of a yearly lease, a long-term residency agreement or a month-to-month agreement is used to spell out the responsibilities of the housing operator and the tenant. The housing operator is not required to keep a tenant who requires more services and care than the operator can provide. The residency agreement should specify the conditions under which tenants will be required to move out, who it is that makes the decision that a tenant has met the conditions, and the process that will be used in discharging a tenant. If this information is not spelled out in the residency agreement or a disclosure statement, you must ask for it. It is important to know this information before making a decision to move into a development and should not be put off until later when a tenant is experiencing some illness or frailty.
Sometimes, the residency agreement's language or the operator's explanations will be vague or subject to interpretation. You must ask the manager for a clarification of those conditions. For example, if "wandering" is a discharge criterion for residents with Alzheimer's Disease, what kind of wandering (outside? in the halls at night time?) and how much wandering (constant? episodic? after an illness?) is all right or is unacceptable. What exactly is meant by "unmanaged incontinence"? What actually constitutes a "danger to oneself"? What does it mean if you "must be able to vacate the building by yourself in an emergency situation"? Would a discharge decision be different if you have the assistance of a spouse, family member, or a live-in aide? Would the decision be different if you are able to privately purchase additional services and care from a community agency, which are brought into your apartment?
You should ask about and understand the process that is used to determine when discharge is required and the process for implementing the discharge. For example:
- Who is involved in making the decision to discharge and relocate a tenant?
- Are you, the tenant, involved in this decision?
- Are your personal physician, family members, and / or legal representative involved?
- How much time is allowed for the relocation?
- Will the housing development's staff assist in identifying an alternative and appropriate place to live, and will they help you make the move?
- What alternative places to live do the discharged residents have?
- If you disagree with the discharge decision, what recourse do you have?
- Is there a grievance or appeals process?
- Will any help be provided to you in making an appeal or filing a grievance?
If a development has a special unit, staffing, and programs for residents with dementia, you may be required to move into that unit if you incur memory loss. You should ask whether the monthly charges will be different if you move into those units or receive those services and care.
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