complaint·July 31, 2025

It was alleged that R1 smokes in the patio in front of the building, which is not a designated smoking area, right in front of the facility’s entrance, subjecting residents and visitors to the smell of smoke when entering the building and leaving cigarette butts in the front patio. LPA reviewed a photograph of R1 smoking in the front patio. LPA inspected the facility and observed R1 smoking in the front patio about five feet from the front door, with cigarette butts on the floor and a strong smell of smoke present at the front entrance. LPA reviewed the facility’s house rules which state that smoking is only allowed in the designated smoking area and smoking is prohibited inside the building and where there are “no smoking” signs. LPA interviewed COO and a staff knowledgeable about R1 who admitted the allegation, stating that the only designated smoking area is the central courtyard and residents are not allowed to smoke in their rooms or anywhere else. Both COO and the staff stated that R1 smokes in the front patio near the front door regularly, the facility has warned R1 and worked with their social worker multiple times but has been unsuccessful in stopping R1’s behavior, and residents and visitors complain about R1 and have engaged in verbal altercations with R1 due to their smoking at the front door. The facility was previously cited for R1 smoking outside near the front door in connection with Complaint Control No. 22-AS-20250106112758. Since then, in addition to continuing to give R1 warnings and working with R1’s social worker, COO stated they served an eviction notice. LPA reviewed R1’s eviction notice which indicates the 30-day notice period ended on June 6, 2025, almost two months ago. Per COO, the facility has not proceeded with the next steps in the eviction process as required to protect the personal rights of other residents because they are still trying to work with R1’s social worker. By not proceeding with the next steps of the eviction process, the facility is not properly addressing R1’s continuing violations of the house rules which is causing residents and visitors to engage in verbal altercations with R1. The information obtained corroborated the allegation. During the course of the investigation, the Department obtained sufficient evidence to substantiate the allegation mentioned above. The preponderance of evidence standard has been met; therefore, the above allegation is Substantiated. See LIC9099D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations. Civil penalties for repeat violations are being assessed. See LIC421FC. An exit interview was conducted and a copy of this report and appeal rights was discussed with and provided to facility representative.