Can an assisted living facility in NY kick out a resident because of incontinence changes? If so, how much notice must they give?

Most Assisted Living include personal care with the fees that they charge.
Now if the person needs a higher level of care that is another matter.
If the resident can not transfer from bed to chair or chair to toilet or commode SAFELY with one person assisting the facility may discuss transferring the resident to Skilled Nursing where equipment can be used to safely transfer the resident.
I can not imagine, nor have I ever heard of Assisted Living "kicking out" a resident that is incontinent.

Check in your contract - it may well be in the details somewhere.

Hopefully they would give reasonable notice and also allow you to try some basic things first, Depends etc.

Yes, if that is not one of their care duties. ALs are just that, they assist. When someone becomes incontinent they may need a higher level of care. Is Dementia involved?

Even though Mom's lease was year to year rent wise she had to put in that she was leaving 30 days before her leaving date so I figure it works that way for the AL, they need to give u 30days.

Assisted Living is not nursing care. The resident either needs private duty care or needs to be moved to a higher level of care. If this AL does not have higher care levels, it is time to look for another facility.

NY Title: Section 488.4 - Admission and retention standards.

https://regs.health.ny.gov/content/section-4884-admission-and-retention-standards

(c) An operator must not accept nor retain any person who:
___(9) has chronic unmanaged urinary or bowel incontinence;

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Is the incontinence chronic and unmanaged?

If NOT, I suggest you either try to negotiate with them for additional service (for a fee, of course :-| ) - or - talk with an attorney.

If you have to move her, try to find a smaller, more personal home for her - where they view her as a person and not just a point of revenue.

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On my soapbox: This is another reason to (when at all possible) to keep yourself and loved ones out of "facilities." Not only can you be forced out of an assisted living facility, you have little control over the care provided, and costs will likely increase over time and often by large amounts.

Many if not most of the people in ALF, given the age factor, have at least SOME "issues" with incontinence.

So I am thinking this is unusual. Care costs are increased with level of care. That is to say if someone enters quite independent they are on level one care, and their cost is less than a person requiring aid with incontinence, even toileting care, which can get you up to a level four with a lot of added cost very quickly due to the need of increased staffing for your care.

I would discuss with your administration their rules and regulations, as each ALF is an individual business run by their own company and with their own rules.

Typically if the incontinence is not controlled and/or the resident is not compliant with incontinence care , AL will say that resident either needs memory care or SNF.
You need to check the contract/lease.
My FIL’s specifically talked about this and that a 30 day notice would be given .

the AL my mom was in a place where they changed their AL license and that made it possible for them to give mom notice. HOWEVER, until I got her out of there, they insisted that I have 24 hour care for her. She was getting UTI’s really often and they did not catch it by her unusual behavior. (Or ignored it). They said she could be a flight risk even though she never was exit seeking. So I had 24 hour care (between me and 2 other ladies that I hired privately) for 11 days. It was expensive but I got her out. I kept the 2 ladies for part time care (2 meals a day and showers, lotions, companionship and UTI awareness -using the AZO strips) when she went to MC. The MC was the best thing because she was safe and with my private carers, I knew she was cared for. EVERYplace will have inconsistent care due to staffing competency and staffing shortages. Bottom line: the AL can do what they want, say what they want, profit is their motivation. I know there are wonderful people that work in AL, MC but they get worn down by the not-wonderful people who don’t work and still get paid. Now, mom is in a non-profit, I have a camera, it is a Christian based and run facility, and the church next door is full of willing and able volunteers. Even in this place I have seen some staff who make mom smile and some who are too quick in their interactions for mom to understand. BUT most of the staff are wonderful and compassionate and engaging.
The place that gave me notice mom had to leave is still horrible. They were in the newspaper for non-compliance with local building ordinances. I am glad they did me the favor of kicking her out. It was stressful but worth it.

Every client is different just as every ALF is different. Read your admissions packet and contract very closely. Being removed should be one of the items outlined clearly.

It depends on what their policy is on it. At the AL were I worked there was a rule that if a person was regularly incontinent (not the occasional accident) they could not move in. If they became diaper dependent, they had to go. Bedside commodes were not allowed either. AL's do not have tolieting schedules where aides bring residents to the bathroom. There isn't staff that changes diapers or empties bedside commodes. That's a nursing home or a memory care facility. Not an assisted living residence.

All of this was covered in the resident packet that was given to the new resident or their representative at the meeting where the contracts were signed. If no one reads the the resident packet, that's on them not the AL.