Washington long-term care residents can appeal evictions | Opinion

When my MS made it too difficult to live in my own home, I made the difficult decision to move into an assisted living home. My sister helped me find a facility in Yakima, where I’ve lived now for six-and-a-half years.

Our facility has changed ownership and its name three times since I moved in. Revolving owners and lots of turnover are unfortunately common for those of us in long-term care. What is also common, tragically, are unwanted or wrongful evictions that push people like me – vulnerable older or disabled adults – out of our homes against our wishes, often with nowhere else to go.

Under the first owner of my facility, I was served a discharge notice stating I was being evicted. A friend at the home told me about the Long-Term Care Ombudsman program, and I reached out for help. They put me in touch with the Northwest Justice Project, where attorneys provided legal counsel in helping me navigate the appeal process. Because I had enough evidence to support my argument, the facility dropped the discharge and allowed me to stay.

A few years later, while recuperating at a nearby rehab from a fall and broken leg, the same assisted living facility gave me another eviction notice. In fact, the home even tried to stop me from going to my room to visit my stuff and water my plants each week, but I was successful in fighting for my right to do that.

When the rehab determined I was no longer in need of their services, I was more than ready to return to my room at the assisted living facility. But the facility management said I couldn’t come back.

Here we went again.

I went through the Office of Administrative Hearings (OAH) to file an appeal. I spent hours on the phone, and after a four hour hearing, received word that I won my appeal. The facility appealed the decision to a higher level for review. Fortunately for me, their appeal was denied, and the board ruled that I could come back.

At 66, I’m younger than most of my fellow residents in my assisted living, and I’m a fighter. When I see something wrong, I ask questions, and I push for action to solve the problems I face. Sadly, most long-term care residents I know aren’t up for this kind of fight. They are older, tired, and often afraid of complaining for fear of retaliation or getting thrown out.

Today, the reality is that residents have the right, but not the information or resources they need, to appeal unwanted discharge, transfer or eviction through the Office of Administrative Hearings. That’s why I joined the Washington State Long-Term Care Ombuds as co-petitioner in asking the court to direct DSHS to rewrite their rules to include what the federal laws require, which is comparable protections for consumers under their state landlord protection act.

When writing their new rules, DSHS could have included information about the administrative hearing process that I used twice to win the right to stay in my home. Instead, DSHS chose the superior court eviction process, but even that process is not explained or described in their rules.

I want residents like me to have access to clear legal information about their rights, access to legal counsel and to a fair process to exercise their rights when facing an involuntary transfer/discharge or eviction from licensed assisted living facilities, adult family homes and enhanced care facilities.

Many of us don’t have family or friends to help us learn about our rights and navigate the burden of appealing when we believe wrongful decisions are made about us. We rely on the government to fully inform us about all of our rights. The state can do better to support older adults who are facing eviction and homelessness.

If you or a loved one is a long-term care resident facing an unwanted discharge from your home, contact the Washington State Long-Term Care Ombudsman Program at waombudsman.org or phone toll-free 800-562-6028 or dial 7.1.1. to use the Washington State Relay System.

Scott Wilson worked as an auto mechanic and truck driver, was diagnosed with MS in 1990, and is now a long-term care resident in Yakima.