Albaugh v. The Reserve

The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of a "senior adult congregate living facility" on Plaintiff's complaint alleging that the facility would not return her mother's entrance fee or supplemental amount when her mother had to vacate the facility for health reasons, holding that the district court properly granted summary judgment in favor of the facility.In her complaint, Plaintiff, on behalf of her mother, argued that the agreement between her mother and the facility violated the Iowa Uniform Residential Landlord and Tenant Act (IURLTA), Iowa Code chapter 562A, and alleged several other claims, including consumer fraud, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, and unconscionability. The district court held that the IURLA did not apply to the facility and that the facility was entitled to judgment as a matter of law on the remaining claims. The Supreme Court affirmed, holding (1) the fees regulated under Iowa Code chapter 523D are not subject to the IURLTA; and (2) the district court did not err in granting summary judgment on Plaintiff's remaining claims. View "Albaugh v. The Reserve" on Justia Law