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Unlicensed Daycare Center Operated Out Of A House Of Worship With Numerous Building & Fire Code Violations
By Tina Traster
Child Protective Services (CPS) on Tuesday ordered the evacuation of an unlicensed daycare center, after Clarkstown building and fire officials determined that the entity was operating it unsafely and without a permit from the Town.
Parents collecting children around 2 pm from Morah Chany Day Care at 86 Maple Avenue had not been told why they’d been called to pick up their children.
“We were called to come and pick them up,” said Yechetlek Kestenbaum of Garnerville, who had his six-month old daughter in a stroller. Asked if he was concerned about the conditions in the building, the father said, “I’ve never been inside. We just drop off the kids outside.”
Members of Child Protective Services were overseeing the orderly evacuation. Fire officials were also on site. More than 20 cars streamed from the driveway before 3 pm.
A woman who said she was the owner’s wife said CPS “was very impressed.” CPS would not talk to this reporter.
Earlier on Tuesday, the Town of Clarkstown called an emergency meeting to vote on giving the Town Attorney permission to seek a temporary restraining order against the daycare center for various violations of building and fire codes, overcrowding, improper egress/ingress, and for operating without a permit. The three-member board (two councilmen were on holiday) voted in favor.
The lawsuit was filed in Rockland County Supreme Court late Tuesday against Congregation Morah Chany (the daycare center operator), 86 Maple NC LLC and 96 Maple NC LLC (the property owner) and Aron Altman (the sole member of the LLC building owner). According to the lawsuit, Congregation Morah Chany submitted a petition with the Town Clerk for a Special Permit for a child day care center to operate out of 86 Maple Avenue in New City for 54 students and nine staff members.
The complaint charges that during an inspection on July 7, both buildings (86 and 96 Maple Avenue) were being utilized as a child day care center for 69 children with 21 adult staff members. The town is seeking a temporary restraining order and a permanent injunction to enjoin the continued use of the two buildings as a day care center, saying the Town will be irreparably harmed and the public endangered without court intervention.
During the inspections, officials also found evidence that a windowless basement in an adjacent building was part of the childcare operation, and that the playground was obstructed by a dumpster and other impediments for emergency vehicles. The court complaint details three broken exit doors, improper wiring and use of extension cords, locked gates in the play area, and the storage of flammable liquids and propane cylinders in the basement where children nap.
The town notified several agencies of its findings, including the Office of Children and Family Services, the Rockland County Health Department, and Child Protective Services. Officials said they found “egregious” conditions including overcrowding, lack of ventilation, and fire-code hazards. A search of the Office of Children And Family Services database confirmed that the facility was operating without a state license.
Aron Altman, through 86 Maple NC LLC, purchased the 3,527 square-foot commercial office building on .34 acres for $1.3 million in March 2024. The buyer told the town he planned to convert the building into a house of worship. On Tuesday, there was no outside signage indicating that the building was being used as a daycare center. Additionally, there were a host of U-Haul trucks and trailers, and a sign that said “24/7 Equipment Return.”
The town previously issued a Certificate of Occupancy to Altman for a house of worship, with a maximum occupancy of 33 persons. Town officials estimate more than 100 staff and children were using the facility. Altman had never come to a town meeting to pursue the application for a Special Permit, which is needed for a daycare operation, and faces extreme scrutiny.
Altman attended a Town of Clarkstown Technical Advisory Committee (TAC) in October 2024, when he presented plans for a daycare center on site. The applicant corresponded with the town in again this April, indicating he would comply with the conditions recommended by TAC, but never followed up with an application for the Special Permit.
Altman also bought 96 Maple Avenue, next door to the daycare building, for $530,000. Morah Chany has been using the space behind the adjacent location for an outdoor play area for the daycare operation.
Illegal use of both commercial and residential buildings continues to plague Clarkstown and the county at large.
Illegal Daycare Operation Shut Down In Ramapo
In May, the Town of Ramapo sought relief in Rockland County Supreme Court when it discovered the owners of 82 Highview Road in Suffern were operating an illegal daycare center at the premises.
The building had a certificate of occupancy that allowed use of the premises as a school and dormitory, but not daycare.
According to court papers, a series of inspections conducted during the month of March and April 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.
In that instance, Ramapo officials 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.
The inspection also revealed numerous building and fire code violations, including 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, but 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 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.
The case is still pending with a status conference set for August 5th.
