Jane* has a serious illness and partial paralysis which requires treatment and a level of care that can only be provided in an assisted living facility. Her costs are covered by payments made directly to the facility from Medicaid and Social Security. Although the facility was accepting payment for approximately three years, they claimed that her medical bill was not satisfied and filed an eviction action against her.
Assisted living facilities are not covered by the landlord/tenant statute, and an eviction action is not the proper remedy for removing patients. Additionally, the facility improperly classified Jane’s level of care, making it nearly impossible for her family to get her transferred elsewhere.
Once the eviction was served on Jane, Legal Aid filed a Motion to Dismiss and an Answer to the eviction on her behalf. At trial with all parties and counsel present, the Court dismissed the eviction complaint, ending the action to evict Jane. Had a motion or answer not been filed, the client would have faced immediate default judgment of eviction and removal from the facility without any form of medical care. Jane is now properly and fairly housed and receives the appropriate level of care.