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Legal Alert

Construction of Residential Care Facilities for the Elderly to Continue in Santa Clara County

Construction of Residential Care Facilities for the Elderly to Continue in Santa Clara County

On Friday, April 17, Santa Clara County published new interpretive guidance to help regulators and members of the public understand how the County’s March 31 shelter-in-place order affects the construction of state-licensed Residential Care Facilities for the Elderly (“RCFEs”). According to the County, construction of RCFEs may now continue while the County’s order remains in effect.

The County’s March 31 shelter-in-place order forbids most construction, with limited exceptions. One exception allows for construction of “[p]rojects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response.” (See March 31 Order at section 13(f)(v)(B).) The County’s new interpretive guidance clarifies that RCFEs fall within the scope of this exception. The County emphasized that “[t]here is an acute need for residential care facilities for the elderly in the County to support a vulnerable population that needs particularized services and support during the COVID-19 crisis.”

For more information regarding COVID-19 and its impacts on the construction industry, please visit Hanson Bridgett’s COVID-19 Resource Center.

For More Information, Please Contact:

Ellis Raskin
Ellis Raskin
Senior Counsel
Los Angeles, CA
Kristina Lawson
Kristina Lawson
Managing Partner
Walnut Creek, CA