complaint·July 27, 2022

Allegation: "Unlawful Eviction." It is alleged that on 6/9/22 resident (R1) was issued a 30-day eviction notice that is unlawful because it lists the reason for eviction as heavy alcohol drinking in the resident's private room. Based on interviews conducted the findings indicate that resident (R1) has lived at the facility since 2015, and has history of excessive consumption of alcohol; which violates the facility Residency Agreement. In 2021, there were seven (7) incident reports pertaining to excessive intoxication, of which 3 resulted in hospitalization. The most recent incident report dated 5/25/2022, states R1 was admitted to the hospital for alcohol intoxication. Over the course of the resident's time at the facility there have been 20+ incident reports related to excessive alcohol consumption/intoxication that posed a health and safety risk to R1 and other residents in care. All staff interviewed denied the allegation and stated that R1 has long history of alcohol abuse that has resulted in multiple falls and injuries that needed to be addressed by medical personnel. Staff stated that R1's intoxication incidents have infringed upon other resident's rights, and have caused distress and/or anxiety. Resident (R1) was interviewed and acknowledged alcohol abuse that has resulted in injuries while living at the facility. The resident stated it did not think the facility would enforce the eviction, and was a given an extension to stay longer. Residents (R2-R5) were interviewed none had knowledge of R1's eviction notice. As of today, R1 is still residing at the facility because Brookdale gave the resident a courtesy verbal extension to move out by August 11, 2022. Per Brookdale Senior Living Residency Agreement, page 5. Article II "Your Responsibility and Representations" I. "Rule and Regulation Compliance" 3. "You must not be disruptive, must not create unsafe conditions, and must not be physically and verbally abusive to other residents or staff. In addition, page 7, Article IV. "Term and Termination" C(3) "Your failure to comply with the general policies of the community." is the reason for the thirty (30) days written notice. The Resident Responsibilities/Code of Conduct, #4. "Demonstrating behavior and conduct that does not infringe on the peaceful lodging of other residents" is listed as a resident responsibility. Although the allegation may have happened or is valid, there are not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. An exit interview was conducted with Executive Director Barbara Tyler. A copy of the report was issued.