COLESVILLE, Md. — At least 53 stunned elders are facing eviction from a Montgomery County assisted living and memory care facility by Nov. 15.
The news that residents were being given 45 days to get out broke at The Landing of Silver Spring on New Hampshire Avenue in Colesville Monday.
According to a letter to residents, a $10.3 billion real estate trust has bought the property and aims to shut the facility down for renovation.
Many residents may not understand what they are being told said one concerned family member.
“This is the worst case of elder abuse," said Lynne Sheller, whose 91-year old mother Jene McAbee is a resident of The Landing.
"You think you can uproot people because they old and they wouldn't care? These people have feelings too. You can't just put them out in 45 days!"
Mrs. McAbee was a Montgomery County school teacher for 30 years who now suffers from memory problems. She was moved by her family to The Landing six months ago after the death of her husband.
Son Tracy McAbee said he walked into chaos when he went to The Landing to pay his mom’s rent Monday just as the eviction notice was being announced to residents.
Tracy McAbee said many may not have understood what was going on.
"I'm seeing people running down the hallway crying and I'm like, what is going on?" McAbee said. “I was speechless when I first found out."
According to its letter to residents, Leisure Care, the company that operates The Landing, says the property has been sold to “Omega Healthcare Investors and CommuniCare who are planning a year-long renovation to convert the property into a skilled nursing facility.”
In an email, Leisure Care vice president Michael Juno said: “Leisure Care is providing resources for our 53 residents and their families, including information on nearby communities and packing and moving services.”
Juno added the company is planning a job fair for all the employees who will be fired.
Juno said the announcement was made with “heavy hearts” and that the company made the announcement “as soon as we were legally allowed."
According to its website, the new owner Omega Healthcare Investors is a $10.3 billion real estate investment trust operating in 42 states and Great Britain.
The previous owner is a Rochester, New York based real estate investment firm, according to state tax records.
Montgomery County authorities said they are powerless to intervene in the 45-day deadline according to a spokesperson for the County's Department of Health and Human Services.
The facility is licensed by Maryland's Department of Health.
A spokesman cited Maryland regulations which say a facility is required to give regulators and residents 45 days notice when an ownership change is occurring.
"A licensee shall notify residents and resident representatives of any proposed changes set forth in this regulation, in writing, at least 45 days before the effective date of the proposed change," the Maryland law says.
However, when a transfer of ownership results in a closure, federal regulations appear to differ according to the US Department of Health and Human Services.
"Any individual serving as the administrator of a skilled nursing facility, nursing facility or dually participating facility must provide written notification of an impending closure of a facility including the plan for relocation of residents at least 60 days prior to the impending closure," says a 2013 memorandum governing facilities that accept federal reimbursements.
Neither officials with Maryland's Health Department nor the Centers for Medicare and Medicaid Services of the US Department of Health and Human Services were immediately available late Tuesday to explain the different regulations and how they might affect the situation at The Landing of Silver Spring.
Mrs. McAbee's concerned family said that administrators at The Landing discussed the possibility of moving her to another facility operated by Leisure Care. However, they say the next closest locations are either in tidewater Virginia or New Jersey.
They say they are concerned that the change may drastically affect Mrs. McAbee's health because stability is a critical factor in memory care.
"We don't know what her psyche is going to be when we tell her what is going on," said son Tracy McAbee.