Ramapo Village Settles Federal Suit, Agrees To Allow Yeshiva Housing

Federal prosecutors said Airmont's zoning laws didn't allow religious student housing but allowed nonreligious housing accommodating disabled people in group homes, sleep-away camps, hospitals, hotels and nursing homes, according to the federal lawsuit. "As this case demonstrates, we will vigorously enforce the federal civil rights laws against those who discriminate based on religion."

 

Airmont settles federal suit, agrees to allow religious student housing
Steve Lieberman • Journal News

AIRMONT — The village must amend its zoning code again to allow an Orthodox Jewish congregation to build a school with student housing, according to a settlement of a federal civil rights lawsuit.

The settlement of the U.S. Attorney's Office's 2005 lawsuit against the Ramapo village could end a decade-long legal action involving the Hillside Avenue development sought by the Hasidic congregation.

The agreement released Monday includes a $10,000 civil penalty against Airmont and marks the second time federal prosecutors have intervened in Airmont zoning affairs since its 1991 incorporation. The first case against Airmont's zoning forced the village to accept neighborhood houses of worship in residential homes.

Under the new consent decree, Airmont has until Oct. 15 to amend its zoning code to permit educational institutions with housing.

If not, the prosecutors can reinstate their lawsuit.

Airmont Mayor Dennis Kay, who signed the settlement with outside counsel Michael Zarin, said Monday that the village has been prepared to revamp its zoning code but has been blocked by the U.S. Attorney's Office legal action.

"We're happy we can finally settle with the government," Kay said. "Our master plan has been waiting for approval from the government.

"Now we can move on," he said.

Congregation Mischknois Lavier Yakov wanted to build a 170-student dormitory on 19 acres, along with 30 apartments for faculty and married students.

The congregation has not applied to the village planning and zoning boards since federal prosecutors intervened.

"The Village of Airmont did the right thing by agreeing to amend its zoning law and by allowing Congregation Mischknois Lavier Yakov to build a school and student housing on land it purchased almost 10 years ago," U.S. Attorney Preet Bharara said in a statement.

The congregation applied to the Planning Board in 2002 for a permit to build a religious school with housing and was denied.

The U.S. Attorney's Office took the position in its 2005 lawsuit that Airmont's ban on schools with housing was unconstitutional under the Fair Housing Act and also under the 2000 Religious Land Use and Institutionalized Persons Act, known as RLUPA.

Federal prosecutors said Airmont's zoning laws didn't allow religious student housing but allowed nonreligious housing accommodating disabled people in group homes, sleep-away camps, hospitals, hotels and nursing homes, according to the federal lawsuit.

"As this case demonstrates, we will vigorously enforce the federal civil rights laws against those who discriminate based on religion," Bharara said.

In the 1991 case, federal prosecutors brought a similar lawsuit under the Fair Housing Act.

The argument then was that Airmont had incorporated to prevent Orthodox Jews from moving into the community and establishing zoning laws that restricted home synagogues.

The village was forced to rewrite its zoning code to allow residential synagogues and to pay $1 million in legal fees. The U.S. Supreme Court refused to hear an appeal.

U.S. District Judge Lewis A. Kaplan signed the settlement on Friday.

Airmont spent an estimated $75,000 in 2010 defending the lawsuit, Kay said.

He said the lawsuit was dormant for about five years and he didn't know how much was spent over the life of the case.

Kay said he expects the settlement will end the federal government's scrutiny of the village, calling the community diverse and open to all.

"We feel we have worked with the U.S. attorney, and with the formulation of this agreement, it should put us all in compliance," Kay said, adding that all houses of worship and schools have permits.

Comments

[seymour]

while I am happy they won the law suite.

I just hope they the yeshiva will be that understanding and open to others as they want others to be open to them

[justayid]

unlikely. IIUC the relatively modern orthodox folks in Ramapo move to wesley Hills - airmont, which is closer to Kayser, is more of a draw for the haredim - who if they ever had any tolerance (what do you think?) have probably lost it after their struggles with Airmont.

[corn popper]

THE FRUMMA WON!!!
and naturally no ones comments!!!

[Leibel Schenkel]

What's the big thing? People won in court what was legally their right. Unless, somebody feels that even though they have the right, they still shouldn't be allowed to exercise it.

[David]

Does the zoning code allow for dead cows in the back yard like they had at the Bobover Yeshivah in Monsey?

[Dave]

There goes another neighborhood!

[Adam Neira]

Maimonides Golden Mean rule should apply when these zoning puzzles appear. This case is a microcosm. Different communities are going to have to learn to live with each other. To quote President Obama “The things that unite us are far greater than thaose that divide us.”

The question everyone should ask is "Did G-d give us land to share or covet ?" There is plenty of space on the Planet to accommodate ten billion people by 2050.

Assumptions...

(a) The global growth rate I envisage here is 1.37% per annum, which is at the upper limit of predictions.

(b) Current population is approx. 6 billion.

(c) Current global GDP is approx $60 Trillion. At 4% growth that will reach $275 Trilion by 2050. So average GDP per capita will be $27,500 which is a massive improvement. I am not a communist so obviously there will still be inequalities but the "bottom" of the economic ladder will much safer and higher than it is now.