Complaint Investigation Report

Records and interviews showed: On 01/08/2026, Licensee served R1 with a written thirty (30) day notice eviction letter due to non-payment of rent. The letter read, in part: “This letter (the “Notice”) constitutes thirty day’s notice to pay or your Residency Agreement dated 5/31/2023 (the “Agreement”) with Atria Collwood, License No. 374600890 (the “Community”) will be terminated pursuant to the Agreement. This Notice is based on your non-payment of all fees and charges within ten days of the due date. The total amount now due and owing as of the date of this letter is: $15,054.00. You must pay this amount by 2/21/2026, or within thirty days of service of this Notice upon you, whichever is later (the “Effective Date”). Unless you pay this amount, you are required to move from and surrender possession of your apartment on or before the Effective Date.” This letter included various elements customary and required in RCFE eviction letters, such as the disclaimer paragraph specified in HSC 1569.683(a)(4), a disclaimer about the resident’s right to file a complaint and contact information for CCLD and the Long-Term Care Ombudsman, and resources available to assist in identifying alternative housing and care options.

However, LPA’s review of R1’s monthly billing statements, confirmed by interview of the facility’s Community Business Director, showed: As of 01/08/2026, the date of service of R1’s eviction letter, R1’s total unpaid past due balance owed to Licensee was $14,829.00. Of this past due balance, the portion/segment that was over ten (10) days past due was $8,707.00. [Per CCR 87224(a)(1), a Licensee may issue a “thirty (30) days written notice” to a resident for “nonpayment of the rate for basic services within ten days of the due date.”] For an eviction letter dated and served on 01/08/2026, it was only this last amount which Licensee was legally allowed to list. Also, the amount listed in Licensee’s eviction letter to R1 did not match the amount listed in Licensee’s own monthly billing statement issued to R1.

Based on records and interviews, a preponderance of evidence exists to show that Licensee pursued an unlawful eviction of R1. The allegation is therefore Substantiated, and one (1) deficiency was cited for it, per California Code of Regulations, Title 22 (refer to the attached LIC 9099-D page). A Plan of Correction was jointly developed with the Licensee.

An exit interview was conducted with Executive Director Julia Lopez and Community Business Director Kitty Totorica, to whom a copy of this report, the LIC 9099-D page, the LIC811 Confidential Names List, and the Licensee/Appeal Rights (LIC9058 03/22) were provided.