Judge: Jericho homeless shelter must obey local codes

                                                                             

Conclusion of 10-page decision on Jericho Homeless Shelter

A State Supreme Court judge today decided that proposed "transitional housing" for 80 homeless families at the former Hampton Inn in Jericho must comply with Oyster Bay Town building and zoning codes.

Nassau Supreme Court Justice Arthur Diamond directed that a temporary restraining order he issued on Aug. 7  remain in effect, preventing the Hampton Inn's new owner, 120 Westend LLC,  from renovating and moving families into the three-story former hotel/motel on Jericho Turnpike without proper permits and zoning approval.

Diamond hinted at his decision Friday when he denied Concerned Jericho Parents, a group of residents opposed to the new shelter, the right to intervene in a lawsuit brought by Oyster Bay against Westend. He ruled that residents would get a chance to be heard at the town zoning hearing -- if town won the right to hold a hearing.

The former Hampton Inn is located within the highly rated Jericho school district. 

Oyster Bay sued Westend in August when it learned renovations were underway at the former hotel/motel without permits and town inpectors were refused access. Also, the plan to house families for six to eight months until they are relocated into permanent housing violates town zoning code.

Current town zoning restrictions allow temporary stays of up to 30 days at the former Inn.

Oyster Bay Town Supervisor Joseph Saladino said today in an email, "This decision is great news and recognizes the town’s legal authority to regulate local development. The Town will continue to enforce our zoning laws to protect our suburban quality of life.  In doing so, we are representing and protecting our residents and neighborhoods.”

Diamond's decision notes that WestEnd in July had signed a ten-year lease with Community Housing Innovations, a state and federally funded non-for-profit corporation "which is in the business of operating and providing housing and assistance to those in need, including providing emergency shelter for homeless individuals." 

CHI had obtained permission from Nassau County's Social Services Department in June to use the Inn, which had yet to be purchased by Westend, as a homeless shelter, according to Diamond's decision. The county's social services commissioner approved the use of the inn for homeless housing as part of a 2017 memorandum of understanding with CHI.

Westend argued that operation of the Inn as  transitional homeless housing is immune from local laws, subject only to state law.

But Diamond notes that the application to the state for use of the Inn as a homeless shelter asks whether the property can be lawfully occupied "in accordance with all New York State and Local laws and codes." 

"This very question anticipates that the applicant will need to comply with local laws and codes", Diamond wrote.

His decision also notes the lease between Westend and CHI stipulates that the tenant is responsible for obtaining "any and all permits, licenses, certificates and other authorizations necessary or required in connection with the lawful" construction and operation of the shelter.

Finally, the memorandum of understanding with the county  says the service provider represents...that "the premises may be lawfully occupied as a shelter, in accordance with all local laws and codes."

In his conclusion, as shown above, Diamond acknowledged the state has an interest in insuring that localities do not interfere with daily operations. But he added,  "The court finds there is not any authority, either statutory or case law, in support of the proposition that this interest allows an operator to locate a facility anywhere it can obtain a contract to do so..."

Diamond's decision was signed yesterday and entered into the court file today.