42 F.R. 441.301(c)(iv)(A). 42 C.F.R. 441.330(c)(iv)(A) is a federal regulation enacted in 2022. It requires all continuing care retirement communities (and all skilled nursing and assisted living facilities) to provide the same protections from eviction as New Jersey’s anti-eviction statute provides residential real estate tenants.
Background of law which prevents nursing home and assisted living evictions
In a provider-owned or controlled residential setting (this means a nursing home or assisted living residence) the following conditions prior to resident removal must be met:
The unit or dwelling is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the individual receiving services, and the individual has, at a minimum, the same responsibilities and protections from eviction that tenants have under the landlord/tenant law of the State, county, city, or other designated entity.
For settings in which landlord tenant laws do not apply, the State must ensure that a lease, residency agreement or other form of written agreement in place for each HCBS participant, the controlling document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction’s (this means N.J.) landlord tenant law.
42 C.F.R. 441.330 is a federal Medicaid regulation. It preempts New Jersey’s Continuing Care Retirement Community statute and regulations. A nursing home and assisted living residence in the State of New Jersey – is required to comply with this limiting eviction law.
To discuss a threatened discharge from a N.J. assisted living residence or nursing home, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Appealing a Nursing Home or Assisted Living Residence Attorney