NYS looking at Airmont's code enforcement amid complaints, lawsuit. Will state act?

AIRMONT ‒ A New York state regulatory agency is assessing the village's code enforcement program amid claims by some residents that the government has been lax in enforcing state fire and building codes.

The Ramapo village has had a history of zoning and enforcement issues since it was formed in 1992. That history includes divisiveness between secular residents and the growing Orthodox and Hasidic Jewish community — including three federal lawsuits that accused previous governments of discriminatory zoning.

Representatives of the state Department of State's Division of Building Standards and Codes and Airmont officials have talked about the village's enforcement of state codes, according to documents obtained by The Journal News/lohud.

The Department of State sought a meeting in March to "discuss administration and enforcement of the New York State Uniform Code by the Village of Airmont and steps that can be taken by the Village to ensure code enforcement in the Village is done in a due and proper manner," according to a state letter dated March 26.

A conference call took place in April. The Department of State issued a statement on Thursday on its review, which is in the preliminary stages.

"The Department of State’s Division of Building Standards and Codes has met with the Village of Airmont and it is currently assessing the status of their code enforcement program," the statement said. "The Division of Building Standards and Codes investigates any complaints received regarding the Village's code enforcement program."

Village: State 'did not raise any concerns'

Airmont Village Attorney Brian Nugent said Monday that the state office wanted to confirm whether fire inspections had been completed. The Board of Trustees has designated Nugent as the village spokesperson.

The village also faces legal action by a Fosse Court resident claiming the Building Department is allowing a school and dormitory to operate without permits. The village contests those claims.

Nugent said the state contacted the village based on a video of Fosse Court and a news report by a television station. He said the village provided documentation to the state, confirming that the required fire inspections had been completed.

He said the village also provided information regarding 2 and 3 Fosse Court, the subject of a legal action.

"The state did not raise any concerns or indicate that any further review was necessary," Nugent said. "The village and the state did also discuss the need for the village to implement some updates to its local building code administration provisions to incorporate changes that were made in the State Building and Fire Codes."

Advocates blame the state for not acting on code enforcement

The Department of State can remove a municipality's code enforcement powers.

In November 2021, the agency took over Spring Valley's building department responsibilities. The state deputized the Rockland County government to conduct inspections, issue violations, hold hearings, and issue fines. The decision came eight months after a village firefighter and adult home resident died in a massive fire and after years of dysfunction and lobbying by firefighters and some government officials.

There's no indication the state would take that drastic step in Airmont, though the Spring Valley takeover set a precedent.

Some code enforcement advocates said that after years of lobbying and filing complaints, they have little confidence in government enforcement across Ramapo, including in Airmont, or the state demanding compliance.

Gordon Wren Jr. has been at the forefront. He's a former Ramapo building inspector, a life member of the Hillcrest Fire Department, and the retired coordinator of the Rockland Office of Fire and Emergency Services.

Wren has contacted state Buildings Standards and Codes Director John Addario and has taken state inspectors on tours of hot spots in Ramapo.

“The fact that the codes commissioner has allowed the town and villages to continue to avoid code enforcement places thousands of citizens in danger along with our firefighters," Wren said.

He and Justin Schwartz of the Rockland Illegal Housing Task Force said they have filed complaints about the lack of enforcement with the state, including against the Airmont Building Department.

"It is not like we have not made him aware of the facts and there have been so many examples of the problem," Wren said. "Allowing these conditions is, in my opinion, criminal.  There are many to blame but the commissioner should and must be held responsible, along with those senior to him that may be forcing him to hold back on addressing the issues.”

Schwartz said the lack of enforcement is not just in Airmont and Spring Valley but across Ramapo. He said the death of Spring Valley Fire Department Lt. Jared Lloyd and Oliver Huested in March 2021 at the Evergreen Court Home for Adults has not been a wake-up call.

“They have blood on their hands," Schwartz said. "We’ve been complaining to the state since 2011 with case numbers. The state chooses to ignore them."

Lawsuit claims Airmont is not enforcing fire and safety codes

Airmont is facing a lawsuit concerning zoning enforcement.

Additionally, a local grassroots group has complained about the lack of enforcement by Building Inspector Louis Zummo, who also inspects properties for the village of Pomona.

The legal action by neighbor Sharon Stern centers on houses at 2 and 3 Fosse Court. He and other neighbors contend Rabbi Arash Nissan Hakakian operates a boys' school and dormitory in the single-family houses without permits and approvals. Hakakian owns several properties and operates a school on Route 202 in Ramapo.

Stern's legal action, filed March 1, is seeking a permanent court order barring Hakakian from "continuing the unlawful use of the subject properties ..."

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

A village statement to residents said the lawsuit was discontinued, but Stern's attorney, Steven Mogel, said he made a correction to the suit by filing a notice of claim on March 22 with the Airmont Village Clerk's Office and that the lawsuit will continue with a hearing on May 29.

Airmont says there's no evidence of school at Fosse Court

Airmont documents contend Zummo has inspected the Fosse Court houses and found no evidence of a school or dormitory. Zummo recently issued Hakakian temporary building permits.

Airmont has yet to release inspection reports and other documents sought by The Journal News/lohud under the Freedom of Information Law.

In 2023, the village issued Hakakian and his Yeshiva Tiferet Torah permits for extensive construction at 2 Fosse Court.

The plans included gutting the house and removing structural walls, adding two bedrooms and three basement bathrooms, an open living room and dining room, two half baths, and a study on the main floor. The second floor would have four bedrooms, a kitchen, three bathrooms, and a sprinkler system.

In March, the Building Department issued a permit for windows and Dumpsters, portable toilets, and a temporary storage container.

The village said in a statement on its website that Zummo inspected both Fosse Court houses, which have certificates of occupancy as single-family homes. The statement said neither a dormitory nor a school would be allowed on either property without approvals.

"No violations were observed at the properties during the inspection," the statement said.

The statement said that the village was aware of a video posted on social media and a news report that allegedly showed students at Fosse Court, but said that violations must be based on on-site inspections.

"There was no evidence found of a school use within either structure and the internal layout was consistent with a single-family home," the village statement said.

Fosse Court neighbors take a different view

Aside from Stern's legal action, some neighbors have complained to the village and Rockland Health Department since 2023 that 2 and 3 Fosse are being used as a dormitory and school without permits, documents show.

On April 5, neighbors complained of "around 50-70 young men in the home and that these same individuals will run around the neighborhood at times until 1:00 A.M.," documents show.

The neighbors, according to Health Department reports, told the inspectors they wished to remain anonymous because they feared retaliation.

The Health Department's Rockland Code Investigations unit has gone to the houses.

In a February report, an RCI inspector wrote about meeting a neighbor who described worsening relations between neighbors and the property owner.

"He stated that the life of the neighbors and their families are being threatened and no one will volunteer any information for fear of their life and their families are being threatened ... He went as far as pleading with me not to go to his neighbor's house directly from his own house because they will think that he was the one that sent me to their house."

The inspector's report stated the second floor had vacant bedrooms, the finished basement was vacant and all closets were empty.

"No violation of the Rockland County Sanitary Code was observed," the report stated.

Hakakian showed up during an inspection.

The inspector wrote, "Rabbi Hakakian who was visibly upset and angry felt he was being harassed and stated that the property is a synagogue. He said no one sleeps or lives in the property. He stated that some of his neighbors are discriminating against him because of their hatred for him."

Inspectors on March 23 took video of cars arriving and adults entering 2 Fosse, which is Hakakian's Sephardic Heritage Center. In total, 24 people were seen walking from 3 Fosse to 2 Fosse during the time we spent on site, they said.

Beth Cefalu, a spokesperson for County Executive Ed Day, said while county inspectors went to Fosse Court, the county cannot enforce building and zoning codes outside Spring Valley.

"The fact remains the lead on this issue falls to the Village of Airmont," Cefalu said. "Any concerns or complaints relating to them not enforcing their local laws need to be directed to the secretary of state.”

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 NY fire, building code enforcement being assessed by state