Resident's suit accuses Airmont officials, inspector of allowing illegal school, dorm

AIRMONT − A Fosse Court resident's lawsuit accuses village officials and their building inspector of allowing a rabbi to illegally operate a school in single-family houses and convert a next-door residence into a dormitory.

The legal action claims Rabbi Arash Nissan Hakakian has defied the zoning codes and officials have not acted against him.

The legal action has been filed by Sharon Stern, a Fosse Court neighbor of the school and dormitory. Stern's attorney says she and other neighbors who complain about the school are being harassed by loyalists to Hakakian, who has had previous run-ins with zoning code violations and property tax deduction laws.

Stern's legal action, filed March 1, seeks a permanent court order barring Hakakian from "continuing the unlawful use of the subject properties; and (b) the continuance of any activities constituting a public or private nuisance."

The lawsuit names Hakakian, Mayor Nathan Bubel, the four trustees, and building inspector Louis Zummo. The lawsuit also names the yeshiva and a charitable trust affiliated with Hakakian.

Deputy Mayor Shimon Moses referred comments on Tuesday to the village attorney. Zummo didn't respond. Hakakian could not be reached.

Village Attorney Brian Nugent, a partner in Feerick Nugent MacCartney in South Nyack, said the village received the legal papers on Monday night when the board met.

Nugent said the "complaint is defective, so the village cannot properly respond at this time."

"Based on what was served, we do not see any cause of action asserted against the village or any relief sought from the village or its officials," Nugent said.

Stern's attorney, Steven Mogel, said he would quickly address the technical defect.

"However, the true concern of the village should be the abject failure of the village to protect the residents of the Fosse Court neighborhood from the brazen and illegal establishment of a school and dormitory on property that currently only permits single-family usage," Mogel said.

Mogel said "written complaints about the illegal usage have been lodged for years, yet the village has elected to turn a blind eye to the entreaties of its constituents. The village administration should be ashamed.”

Airmont has a history of zoning disputes

One irony of the Fosse Court discontent is the Orthodox Jewish community has elected officials who campaigned on fair enforcement of fire, safety, and zoning codes. Previous Airmont elected officials were criticized by Orthodox Jewish residents and had been sued three times since becoming a village in 1991 by federal authorities for enacting zoning and other laws that targeted Orthodox and Hasidic Jews, the establishment of private schools, and houses of worship.

The legal action states Stern received permission from some local Orthodox Jewish leaders to take on the village and Hakakian. Orthodox Jews suing other Orthodox Jews in secular courts is usually frowned upon, though opposition to development schemes has become more frequent in Ramapo in recent years.

Lawyer: Airmont put on notice about zoning violations

Mogel had written letters to the village and Zummo in November and December informing them about the operation of Hakakian's Yeshiva Tiferet Torah at 2 and 3 Fosse Court and plans for a dormitory.

Hakakian is the headmaster of the school and owner of 3 Fosse Court while his affiliated Sephardic Heritage Center Charitable Trust owns 2 Fosse Court. Hakakian, who lives at 7 Balanchine Court in the village, has video discussing the school's need to expand and get donations and community support.

Hakakian bought 2 Fosse Court in 2013 and later received a Building Department permit to make major renovations to the inside of the house.

Mogel's letter and lawsuit state the two properties are designated as single-family homes. Mogel said there's no evidence that the village land-use boards or building inspector have approved a school or dormitory.

"YTT is operating as a school in violation of the Village's own code as well as New York State Law, resulting inthe creation of a private and public nuisance, and posing a threat to the health, safety, and welfare of its students and the neighboring property owners," Mogel's letter states.

Mogel said a search of Building Department files reveals that 2 Fosse Court is not approved for any use other than as a single-family residence.

Mogel wrote the village "should take immediate action to remediate this dangerous and illegal project." He said the school and dormitory plans pose a "detriment to my client and other neighboring property owners. It is incumbent upon the Village Building Department to investigate and enjoin the continued illegal usage."

Zummo told NBC News investigative reporter Sarah Wallace that he was aware of what was happening on Fosse Court, but he was backlogged with more than 630 business inspections. He said he lacked the staff — a code enforcement officer and fire inspector.

The Board of Trustees dismissed the inspectors in 2023 ostensibly for cost-savings and hired an engineering firm to handle inspections and investigations after fires.

CUPON criticizes Airmont's lack of enforcement

Danielle Meehan, the leader of the grassroots citizens organization CUPON, said the village government and Zummo are failing to enforce zoning codes, potentially endangering residents. CUPON stands for the Rockland-born Citizens United to Protect Our Neighborhoods.

Meehan, a frequent government critic, noted the Board of Trustees shortchanged the inspection process when it eliminated the positions of fire inspector and code enforcement officer in April 2023. The board hired Lanc & Tully, an Orange County-based company.

"Government's first obligation is to provide a safe place for its residents," Meehan said. "One need only to drive through Airmont to see the village is grievously failing its obligations to their taxpayers."

Meehan, a frequent critic who speaks at board meetings, said CUPON-Airmont urges the Board of Trustees to "take responsibility for the safety and well-being of all its residents by equally enforcing all of the village laws."

She noted the importance of enforcement by citing the two fatal fires in Spring Valley and fires that have left dozens of people homeless. A result of Spring Valley's dysfunction, New York State authorized the county government to inspect and enforce fire and safety codes in Spring Valley.

"The lessons of Spring Valley’s seven preventable fatalities due to fires since 2021 are not being taken seriously," Meehan said, referring to enforcement in Airmont. A firefighter, Jared Lloyd, died in one fire, and five people, including children, died in the second one.

Meehan also cited recent apartment house fires in Spring Valley that have left dozens of residents homeless are a "reminder that code enforcement is not a choice, but an obligation Airmont owes their residents."

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal

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This article originally appeared on Rockland/Westchester Journal News: Airmont resident claims village has allowed illegal school, dormitory