Can a Nursing Home Evict a Patient in New York?

Under federal law (42 CFR §483.15) and state regulations, a NY nursing home may only discharge a resident for specific reasons: the resident’s health has improved, the facility can no longer meet their medical needs, the resident’s presence endangers others, non-payment of fees, or the facility is closing. The nursing home must provide written notice at least 30 days in advance in most cases.

NY Public Health Law §2801-d gives nursing home residents a private right of action against facilities that deprive them of their rights or cause harm through neglect or abuse — including unlawful discharge. Residents also have the right to appeal a discharge through a fair hearing process with the NY State Department of Health before being removed.

Request the written discharge notice immediately and file an appeal with the NY State Department of Health within 10 days — this typically allows the resident to stay during the appeals process. Contact an elder law attorney or nursing home abuse lawyer to assess whether the discharge violates the resident’s legal rights and whether a claim under NY Public Health Law §2801-d applies.

No. Retaliatory discharge — evicting a resident because they or their family complained about care conditions or reported abuse — is prohibited under both federal and New York law. Such an action could expose the facility to liability under NY Public Health Law §2801-d and other statutes protecting nursing home residents from retaliation.