Elmont co-op former residents of destroyed building file suit against Nassau, Hempstead and others
Former residents of the Elmont co-op building that flooded and burned down last year have filed a lawsuit against Nassau County, the building’s management and others, claiming negligence as well as a failure to notify occupants that the building would be demolished.
Jose Malagon and Maria Duran, who were owners of one co-op unit of 1888 Foster Meadow Lane, filed the lawsuit last month in state Supreme Court in Nassau against the county, the Town of Hempstead, the town’s housing authority, the Water Authority of Western Nassau County and the building management company Woods and Ruff.
Attorneys are seeking more than $13 million for the couple, who were forced out of their home by flooding from a flash rainstorm on Sept. 29, 2023. Floodwaters destroyed the building’s fire alarm system and boiler, forcing power to be shut off. Nassau County ruled it to be uninhabitable, leaving nearly 60 residents permanently homeless.
Malagon and Duran had lived in one of co-op units since 2012 and had to move in with relatives in Valley Stream after the flood, said their attorney, Tanya Hobson-Williams.
Some of the residents have since died or are living with terminal illnesses, in nursing homes or with relatives, Hobson-Williams said. She said some residents are still paying mortgages for units that don’t exist.
"That was their home, and it was destroyed through water and mold and condemned and demolished," Hobson-Williams said. "Now it doesn’t exist, and the nominal gestures of public officials doesn’t help them."
The lawsuit claims negligence, breach of contract and wrongful demolition. Attorneys for the residents argued that public officials knew the Elmont property had a history of flooding when the co-op was built.
It also claims the residents were never given notice of plans to demolish the building, which they said resulted in loss of their homes, belongings and reduced loss of property value.
The lawsuit also names the co-op board of directors, the original builders Bedford Construction and the New York Racing Association, regarding water runoff from the nearby Belmont Park horse racing track.
Several defendants including the county, Hempstead officials and Woods and Ruff did not respond to requests for comment Thursday. The water authority and the racing association declined to comment.
The building was uninsured and languished after the building managers said they did not have the funds in the co-op board’s account to make repairs. A frozen pipe burst in January 2024 while the heat was off, causing mold to fester in several of the flooded apartments.
In December, a late-night fire destroyed most of the building, prompting the Town of Hempstead to vote to demolish the building after it was deemed an unsafe structure. The cause of the fire was undetermined due to the extent of the damage, and fire marshals could not determine if the cause was suspicious.
The senior co-op was built in 2011 using $1.5 million in state and federal grants. The Town of Hempstead acquired the land from Nassau County and partnered with Bedford Construction and the Long Island Housing Partnership to sell affordable housing units in a housing lottery to residents 62 and older for $150,000 each.
After residents moved in, the building constantly flooded, residents said. Nassau County and NYRA agreed to a $42,500 settlement following a 2012 flood in an agreement to protect them from any other obligations or liability for future storms.
The lawsuit cites a 2021 engineering report that found the building was prone to flooding since its ground floor sat 5 feet below the surrounding buildings.
Residents are still negotiating a settlement in a separate 2023 lawsuit, brought by Nassau County Executive Bruce Blakeman, against the building management and the co-op residents. The lawsuit seeks reimbursement to the county of more than $200,000 in costs to house and feed residents after the flood.
Dorian Glover, an attorney defending the co-op, said the county was close to a settlement to cover expenses, based on the potential sale of the property.
Also at odds is a $43,000 bill for a dozen residents whom the county housed for 11 nights at the Long Island Marriott in Uniondale.
"No amount of money will address the initial down payment or loss of their homes," Glover said. "It’s a lose-lose situation all around and they’re trying to do the best for the residents of what’s available."
John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.
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