Understanding Eviction Rights in Group Homes

Eviction and related rights can be complex in the context of group homes, which house individuals who need supervision and support. Whether you or a loved one are facing eviction from a group home, it is essential to understand the laws and procedures involved. This article delves into the rights of group home residents and the process of eviction.

The Types of Group Homes

The type of group home you are dealing with can significantly impact your rights and the eviction process. Being aware of the different types helps in understanding the laws and regulations that govern them.

Group Homes for the Disabled

Group homes for disabled individuals typically house people who cannot live independently due to disabilities or require additional supervision. These group homes often have guardians or payee representatives. In these cases, residents cannot be kicked out or evicted without due process and approval from guardians or payee representatives.

Group Homes for Former Inmates

Other group homes may accommodate former inmates. These individuals are usually required to stay for a certain period and prove they are ready to return to their former living situations. Compliance with rehabilitation programs, such as job acquisition and abstinence from drug and alcohol use, is often a condition of staying in these homes.

Understanding Evictions in Group Homes

While some might use the term "eviction" in reference to group home residents, these situations are often termed a discharge due to the nature of the housing. Eviction from a group home is typically not a straightforward process, as it involves more than just the owner or manager's decision. Legal hurdles and due process are often required.

Legal Protection and Documentation

Residents facing discharge from a group home should take several steps to protect their rights and clarify any allegations. Here's what you can do:

Contact Your State's Disabled Person Protection Commission: This commission can provide guidance and support to residents who believe they are being treated unfairly. Reach Out to Local Legal Aid Office: If you do not have the financial means to hire a private attorney, legal aid offices can offer free or reduced-cost services. Write to the CEO of the Residential Treatment Program: Provide as much documentation as possible to support your case. This should include detailed, accurate descriptions of any incidents or actions that led to the discharge decision.

Handling Discharge or Eviction Situations

The process of discharge or eviction from a group home can be sensitive, especially in cases where residents have specific needs or circumstances. Here are some scenarios and the appropriate actions:

Discharge Due to Regrettably Misconduct

Residents who have verbally or physically abused staff might face discharge, but the specific rules can vary. For instance, in a group home where a resident was repeatedly harassing staff racially, despite the staff tolerating it, a new resident from the same ethnicity became the target and filed a human rights complaint. The resident was eventually discharged, as they had a history of racial harassment that was difficult to mediate.

Medical Necessity

Legally, group homes are required to discharge a resident if they can medically prove, including psychiatrically, that the resident no longer requires treatment. However, this is subject to further referral to another facility if necessary.

Mediation and Resolution

Several attempts can be made to resolve conflicts or incidents through mediation. For example, the racist resident mentioned earlier could have been discharged despite the human rights officer's efforts to resolve the issue, as simply acknowledging and apologizing for the racist behavior could have led to a more amicable resolution.

Conclusion

Evictions from group homes can be complex and often require a thorough understanding of the specific rules and regulations governing each type of group home. By knowing your rights and the process, you can better navigate these situations and protect your rights as a resident.