Lawyers: State law prohibits Oyster Bay from denying homeless shelter permit

Lawyers for the owner of a former Jericho hotel said in court filings Friday that state law preempts local law in the establishment of a family homeless shelter on the property.

The Town of Oyster Bay has sued owner 120 Westend LLC in New York State Supreme Court, alleging that converting the property into a shelter would violate the town zoning code and a special-use permit. 

In court filings, lawyers for the owner said the state appellate court "has explicitly and repeatedly held that a local municipality is prohibited from imposing conditions upon a permit to operate an adult residential care facility because regulation of such facilities has been preempted by the state." 

Community Housing Innovations Inc., a nonprofit with offices in White Plains and Patchogue, plans to provide temporary transitional housing to homeless families on the property, located in a business district on Jericho Turnpike, under an agreement with Nassau County.

Earlier this month, State Supreme Court Judge Arthur Diamond in Mineola issued the injunction to halt construction and prevent the property from being used for transitional housing.

The attorneys said in court filings that there was no construction going on at the site that required permits, characterizing work being done as painting, carpet removal, installing ceramic tiles and installing small refrigerators.

"The town's interest here — requiring permits and certifications that only the state of New York is authorized to provide — is clearly outweighed by the public policy of New York State regarding providing shelter for the homeless," attorneys for the property owner wrote in court papers. 

Town spokesman Brian Nevin said in an email Saturday that the state supreme court had “prohibited this unlawful use of the property.”

“The town of Oyster Bay will continue to fully enforce its code against anyone who ignores the laws created to protect human health and safety," Bevin wrote.

On Tuesday, Oyster Bay Supervisor Joseph Saladino said in a statement that the town has "taken legal action that continues to protect the integrity of our zoning ordinances — and by doing so, we’re protecting not only the current and future residents of Jericho, but the entire town of Oyster Bay at large."

Also on Friday, a group calling itself Concerned Jericho Parents attempted to join Oyster Bay's lawsuit as co-plaintiffs.

"If the defendant is permitted to operate the hotel as a nonconforming use without obtaining a special use permit or other town approvals, the Concerned Parents will not have the opportunity to participate or engage in the public hearing and comment process afforded to them by law," their attorney, Jack Martins, said in a court filing. Martins is a former New York State senator and ran as the Republican candidate for Nassau County executive in 2017.