Nursing Home Evictions During COVID
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People living in certain kinds of care facilities are not subject to the usual laws that regulate evictions. This includes nursing homes, but not assisted living -- assisted living is treated like normal rental housing for the purposes of eviction. Evictions from places like nursing homes are called "involuntary discharges." Instead of a court hearing, involuntary discharges are heard by an administrative law judge at the Iowa Department of Inspections and Appeals. People can be discharged for a number of reasons, such as nonpayment of the portion of the monthly payment they are responsible for, but also when the facility cannot appropriately handle their care or behavior. People cannot be forced to leave without a plan for how they will be safely transferred or discharged. People must also receive proper notice and a hearing before being discharged.
Governor Reynolds halted all cases involving involuntary discharge for nonpayment in a proclamation issued March 26, 2020, and most recently continued on December 9, 2020. This moratorium has been extended several times, and is currently slated to expire January 8, 2021, but it may be extended again. This means that all pending nonpayment discharge cases should be stopped, and any new nonpayment discharge cases cannot begin until after the state of emergency is lifted.
Unfortunately, nursing homes and other care facilities will sometimes try to avoid the proper discharge process by sending a resident to a hospital and then refusing to let them come back. If this happens, the resident may still be able to appeal the discharge by filing an appeal with Department of Inspections and Appeals, even if they did not initially receive a proper notice.
Iowa Legal Aid provides help to low-income Iowans.
To apply for help from Iowa Legal Aid:call 800-532-1275.
- Iowans age 60 and over, call 800-992-8161 or apply online at iowalegalaid.org
- If Iowa Legal Aid cannot help, look for an attorney on “Find A Lawyer” on the Iowa State Bar Association website iowabar.org. A private attorney there can talk with you for a fee of $25 for 30 minutes of legal advice.
- As of March 18, 2020, our offices are closed for walk-ins until further notice, due to the coronavirus outbreak.
*As you read this information, remember this article is not a substitute for legal advice.