This week, the town of Bethlehem took the unprecedented step of closing a private senior residence — the Albany Center for Independent Living in Delmar. WAMC's Andrew Waite spoke with Town Supervisor David VanLuven about the decision.
Supervisor David VanLuven: One of our building inspectors was on site because of a problem with the elevator, and while he was there, he observed some broader issues that he saw as being very concerning. He passed those on to the State Department of Health, and then things things got rolling from there.
Andrew Waite: And how long ago was this roughly that this inspector was on site?
VanLuven: He was looking at the elevator, I believe, on Friday the 20th, and then the Monday and Tuesday of the next week, we had our police department, Senior Services Department, and Building Division went into the building on two unannounced visits to start looking into things. They brought it to my attention last Wednesday. I called an emergency meeting of our police department, Senior Services Department, and Building Division to find out, you know, to have everyone talk together about what was going on.
Waite: And based on what you heard, what was it that was concerning to you, and what was going through your mind at that point?
VanLuven: What I was hearing was, well, there were two things, and I think it's important to to to recognize that that the town of Bethlehem does not oversee or license assisted living facilities. Our jurisdiction extends as far as the building code, and what I was hearing in this meeting were a lot of very serious health violations, and that's why I immediately reached out to DOH directly, and they had an inspector on scene the next day. Ultimately, we issued the order to vacate, but we we issued the order to vacate because we saw such serious code violations with structural issues, electrical issues, mold issues, the elevator not working properly. It was so severe that we felt that there was an imminent risk to the safety of residents and staff, and the only option was for the building to be vacated. It simply was not safe for people to live in or work in anymore.
Waite: And so that's obviously a huge change for the people who are living there. What were the conversations like with the residents with their families?
VanLuven: So those conversations with residents and families were handled by the state Department of Health.
Waite: So, at that point, basically, then Bethlehem decides that the building is not safe to be in. It gets turned over to the Department of Health, and then the Department of Health is facilitating kind of the relocation of the 45 people who were living there?
VanLuven: That's correct. The Department of Health is overseeing all aspects of the relocation of the residents.
Waite: But these are residents of Bethlehem. I mean, they're your constituents. I guess I'm wondering what you're hearing from the community? What maybe people have said to you about just what's been going on at the facility?
VanLuven: Well, the issues that our building inspectors were seeing were so severe that we determined that immediate evacuation of the residents was necessary, and you know, I've heard in the in the past that the situation there it wasn't great, but my impression is that since the facility was acquired by a for-profit company out of New Jersey a year ago, the things have taken a dramatic turn for the worse. And as I look at this situation, my frustration and anger is really directed at the the company, you know, for profit out of New Jersey buys an assisted living facility in the town of Bethlehem. When they did that, they took responsibility for both the building and the residents' well-being, and they fundamentally failed in that.
Waite: You called this in your announcement an unprecedented action, and I guess I'm wondering: was this a hard decision to make? Was there part of you that felt like this is too big of a change to ask of residents, or did you feel like what you were seeing, what what the conditions were in the building, just necessitated it? How did you kind of balance that?
VanLuven: As I was talking to our police officers who were involved, and our senior services social workers who were involved, and our building inspectors, they were communicating that the situation in the building was not safe for the residents, and that, and we felt that, well, we didn't have a choice about closing it, but it wasn't a decision that we took lightly by any means. But fundamentally, our responsibility, and fundamentally, our concern is about the safety of the residents and the safety of the staff in the facility, and the building simply was not safe anymore. Now, it wasn't a decision that we took lightly because moving people out of their rooms, which is moving people out of their homes, is an incredibly wrenching and difficult experience, both for the residents and for their families.
The facility's owner, Emerald Health Care Group, did not respond to a request for comment.
The New York State Department of Health said in a statement "all 45 residents of the Albany Center for Independent Living are safe and will continue to receive appropriate care and services throughout the relocation process." The statement added the department is "coordinating with the facility, residents, families, and local partners to support a safe and orderly relocation consistent with the town’s order." DOH says "appropriate regulatory action" could follow.
