The Legal Beat

Town of Ramapo Secures Court Order To Temporarily Stop Occupancy Of Illegal Daycare Center; Nissan Dealers Pay Fines For Overcharging Customers

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Lack of Electric Service, Violations Of Building & Fire Codes Prompt Emergency Evacuation Of  Students & Staff

The Town of Ramapo filed suit last week in Rockland County Supreme Court against the owners of 82 Highview Road in Suffern, citing dangerous conditions at the facility being illegally used as a daycare center and sought emergence relief from the Court barring occupancy of the premises. On May 1st, Rockland County Supreme Court Justice Hal Greenwald entered a temporary restraining order barring occupancy of the building and scheduled a hearing for today, May 13th.

The building has a certificate of occupancy that allows use of the premises as a school and dormitory. Its ownership is tied to Yeshiva Chofetz Chaim (YCC) of Radin, based in Monsey. YCC owns several properties in Suffern, Spring Valley and Monsey and according to its website was established in Monsey more than 50 years ago.

The lawsuit cites a series of inspections during the month of March and April that revealed a lack of electric service at the facility, and that power was being supplied through extension cords wired to gas powered generators emitting fumes and carbon monoxide to the interior of the building.

According to court filings, the Town originally received and acted on a notice from the Rockland County Child Protective Services (CPS) that the building was being occupied and being utilized without electric power.

During an inspection in late March, it was discovered by Town, County and State officials that a child daycare center was being operated at the site on the same floor as a boys dormitory for a Yeshiva.

The inspection also revealed inoperable smoke, carbon monoxide and fire alarms, unsanitary conditions, inadequate egress, untested sprinkler systems, and misuse of the kitchen facilities.

The Town and CPS ordered the building evacuated and stayed on hand until about 55 children were picked up and taken from the facility. After several subsequent inspections, the Town discovered that the building was re-occupied by students in late April. The lawsuit followed the owner’s illegal re-occupancy of the building.

The lawsuit alleges that a daycare center was being operated without an approved  certificate of occupancy or approval for the use from the Town Planning Board.

The suit also charged multiple violations of state and county fire and building codes.

The town asked the court for a restraining order and injunction, saying absent an injunction, serious and irreparable injury may result to students and other occupants, the Town and first responders.

The Town also sought an order requiring tenants, boarders and other persons vacate the premises until the owners achieve compliance with Town building codes and permits, and state fire code requirements.


Local Nissan Dealer Penalized For Overcharging Customers On End-Of-Lease Buyouts

New York Attorney General Letitia James secured more than $3.2 million from Nissan dealerships in New York City, the Hudson Valley, and on Long Island. Action Nissan on Route 303 in Blauvelt was one of eight dealerships that will pay penalties for overcharging on end-of-lease buyouts and pay full restitution to consumers who paid more for their vehicles than they were promised.

“Buying a car is a major financial decision, and no one should have to worry about dealers using illegal junk fees to drive up the price,” said Attorney General James. “These car dealers misled their customers with bogus fees and other costs to cheat them out of their hard-earned money.”

Under the agreement, Action Nissan in Rockland County will pay $157,958.59 to 192 overcharged consumers and pay a $47,920 penalty.

According to the AG’s Office, it opened an investigation into Nissan dealerships after consumers reported they were being overcharged and given inaccurate receipts for end-of-lease buyouts after the onset of the COVID-19 pandemic. The investigation found that the consumers leased their Nissan cars under an agreement that gave them the option to purchase the vehicle for a set amount after the lease term ended. However, when they returned to the dealerships to buy their car when their leases were up, the dealerships substantially overcharged them. The dealers either added miscellaneous “dealership fees” or “administrative fees,” or inflated the vehicle’s price on the invoice given to the consumer.

Buyers entitled to restitution do not need to take any action to receive the payment. The dealerships have already begun paying restitution through mailed checks in the full amount of the overcharge and will continue to do so throughout the year. The dealerships have also agreed to reform their invoicing practices to ensure all lease buyout customers are neither overcharged nor provided with inaccurate receipts.