By now, all Colorado assisted living owners and operators know that the Colorado Department of Public Health and Environment has adopted the Facility Guideline Institute (FGI) Residential Guidelines for facility design. But we often get asked when these FGI Guidelines apply. This article provides a helpful overview so you know when to plan for FGI review.

On September 4, 2020, the Centers for Disease Control (CDC) issued a national moratorium on residential evictions to prevent the further spread of COVID-19. Most commentators focused on the effect of this order on traditional landlords and tenants, but of course we wondered whether it applies to residents in assisted living and other group home environments. After researching the issue, we can say that the CDC’s moratorium on evictions will likely apply to evictions from assisted living facilities (“ALFs”), though the Order comes with qualifiers. It is important to note up front that this Order applies only to evictions for non-payment. It does not apply to involuntary discharges for reasons other than non-payment, such a discharge due to care requirements in excess of the ALF’s ability to manage, or other reasons mentioned below. While this article uses Colorado law as the underpinning for our conclusions, the principles are fairly standard throughout the country. Therefore, it is likely the analysis and conclusions hold true in other states and that the CDC Order will apply equally.