Harborside retirement residents, supporters rally to 'save our homes'

Bob Curtis fears that he and wife, Sandy, will lose their home, their life savings — and possibly be separated — if the retirement community they’ve called home for three years closes amid its third bankruptcy in 10 years.

"If the unthinkable happens, I will not be able to replace what I have here," he said on Thursday, referring to The Harborside, where Sandy Curtis, 84, is cared for in the dementia unit and Bob Curtis, 87, lives independently.

"I will have to deal with a relocation," he said. "I will not only have to find a home for Sandy, I’ll have to find a home for me [should The Harborside shut down], which I may not be able to afford and who knows where they will be."

The couple was among about 200 Harborside residents, their families and local elected officials who held a rally inside the Port Washington facility to call on Gov. Kathy Hochul to "save our homes." The event came after the August collapse of a $104-million sale agreement to keep the facility operating under a new owner.

The rally, held in the Promenade Ballroom, took place two days after Hochul vowed that none of the residents, whose average age is 90, would be evicted as long as she is governor.

Responding to a Newsday question on Tuesday in New Hyde Park, Hochul said The Harborside’s would-be buyer, Life Care Services Communities LLC, had been unwilling to comply with state regulations governing the sale of "continuing care retirement communities."

She also suggested that other businesses were interested in purchasing the bankrupt Harborside, although only two bidders besides LCS were at a bankruptcy-court auction last year.

Traci McBee, a spokeswoman for Iowa-based LCS, said it was no longer interested in the property, having spent more than $1 million to pay operating expenses this year. She also said the three applications submitted to the state Department of Health and Department of Financial Services "in no way violated state law, and at no time did LCS ask [state] regulators for any exceptions to law or statute."

Gordon Tepper, a spokesman for Hochul, said on Thursday the Health Department denied LCS’ application earlier this month. But he said the agency would consider a future application.

"If LCS is truly interested in completing this deal, it is incumbent upon them to meet the state’s standard requirements," Tepper said. "LCS should submit an application to the Department of Health, along with all the required documentation to move this process forward. We are not going to break the law to facilitate a transaction."

Monica Pomeroy, a Health Department spokeswoman, said the agency "protected vulnerable residents by denying an applicant who was unwilling to comply with instructions on how to bring the application in compliance with state law. As regulator, we'll continue working with the existing operator to ensure that the needs and concerns of residents and their families are addressed."

At the rally, Harborside resident Constance Miceli, 95, said the LCS buyout offer was the best option because it protects residents' investment, pays off the facility's debt and provides capital to improve operations.

Miceli, Bob Curtis and others accused the Health Department of misleading Hochul about the 10-month approval process, which ended when LCS withdrew its buyout offer.

"Why did it take DOH 10 months to come to that point and ruin any chance we had to right our ship?" Bob Curtis said, adding that he would lose half the $800,000 entrance fee that he paid The Harborside, should it close.

The Health Department’s "mission is to do no harm. However, this feels like elder abuse," he said.

By James T. Madore

james.madore@newsday.comJamesTMadore

James T. Madore writes about Long Island business news including the economy, development, and the relationship between government and business. He previously served as Albany bureau chief.