State agency rules West Babylon kid can't ride his tricycle outside condo

A state agency has ruled against a West Babylon father who accused his condo association of discrimination after his son was prohibited from riding his tricycle outside their home.

Robert Parker said he and his wife, Angelica, were told by the condo association at South Shore Villas on Route 109 that they faced a fine of $150 if their 4-year-old son Liam rode his tricycle on the sidewalk and in the parking lot outside the condo. Parker, whose wife is from the Dominican Republic and whose son is the only Latino child in the development, filed a complaint with the U.S. Department of Housing and Urban Development, which forwarded it to the New York State Division of Human Rights.

The state ruling, dated Feb. 7, found that the condo association enforced its bylaws.

“The evidence does not support that respondents harassed complainant because of his familial status, his child’s race/color or national origin,” according to the ruling. "All witnesses interviewed by the division stated that they have neither experienced nor seen respondents exhibit discriminatory conduct."

Robert Parker could not be immediately reached for comment. But the family's lawyer, Carle Place-based Mark Radi, said, "We disagree with the decision and we're looking into other legal remedies."     

The investigation, according to the state, found that in April the condo association received a complaint from a unit owner about “rude neighbors” outside. 

“The kids are playing ball. This is not good for the cars in the parking lot,” according to the complaint, which the state reviewed. “Parents gather in front of my condo and chat loudly. I can’t even open my windows, and even with my windows shut, I can hear them. This is a danger, especially to my 82-year-old mother.”

Robert Parker, who bought the condo in 2012, previously said he got two letters and a phone call from Marie Dellafranca, condo association vice president and wife of developer and owner Vincent Dellafranca, that beginning in May the fine would be assessed if his son continued to ride his tricycle on sidewalks and in the parking lot.

Vincent Dellafranca’s lawyer, Huntington-based Michael Jannuzzi, said the condominium association is having a vote as to whether to permit a portion of the common area of the complex to be set aside for recreational use.

“Unfortunately, Mr. Parker unfairly made his unsubstantiated allegations against the Condominium's property manager, VMD Development Corp. and one of its officers, Kelly Dellafranca, who had to endure being accused of discrimination while this investigation was being conducted,” Jannuzzi wrote in an email.