Cal. Civ. Code § 713-A
Special proceeding for termination of adult home and residence for adults admission agreements
Operative Text
§ 713-a. Special proceeding for termination of adult home and residence for adults admission agreements. A special proceeding to terminate the admission agreement of a resident of an adult home or residence for adults and discharge a resident therefrom may be maintained in a court of competent jurisdiction pursuant to the provisions of section four hundred sixty-one-h of the social services law and nothing contained in such section shall be construed to create a relationship of landlord and tenant between the operator of an adult home or residence for adults and a resident thereof.
N.Y. Real Prop. Acts & Proc. Law § 713-A establishes that when an operator of an adult home or residence for adults seeks to end a resident's admission agreement and discharge that resident, the process is governed by Social Services Law § 461-h rather than standard landlord-tenant law. Critically, the provision makes clear that the relationship between an operator and a resident of such a facility is not a landlord-tenant relationship under New York law. This distinction means that the typical eviction procedures and protections found in landlord-tenant statutes do not automatically apply to these residential care settings.
Plain English — not legal advice.
Operators of adult homes and residences for adults should be aware that under § 713-A, any proceeding to terminate an admission agreement and discharge a resident must be pursued through the framework set out in Social Services Law § 461-h, not through standard eviction proceedings. Because § 713-A explicitly states that no landlord-tenant relationship exists between an operator and a resident, compliant operators generally follow the specialized procedural requirements applicable to adult care facilities rather than relying on conventional lease-termination processes. Operators typically ensure their discharge and termination procedures align with the social services regulatory framework governing these facilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of adult homes and residences for adults have important protections under § 713-A: an operator seeking to terminate an admission agreement and discharge a resident must proceed under Social Services Law § 461-h, a specialized process distinct from ordinary eviction law. Because § 713-A clarifies that no landlord-tenant relationship exists in these settings, residents facing discharge may find that their rights and available remedies differ from those of typical tenants. Residents in this situation may wish to consult a tenant-rights organization familiar with adult care facility regulations, review the procedures outlined in Social Services Law § 461-h, or contact the appropriate state oversight agency to understand available protections and complaint pathways.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.