Article 78 appeal against Local Law No. 1534 (2006) of Suffolk County results in modifications of said law
Matter of MHC Greenwood Village NY, LLV v County of Suffolk
In this Article 78 case, Petitioner appealed from an order of the Supreme Court declaring Local Law No. 1534 (2006) of Suffolk County valid in all respects. Petitioner, MHC Greenwood Village NY, LLC, owns and operates a retirement community in Suffolk County. Residents of Greenwood Village own their homes, lease the land, and pay a “Base Residency Charge” which is a monthly fee for the lease of the land.
Several residents attended a public hearing and voiced concerns that a significant portion of the common areas of Greenwood Village were in disrepair. Also, residents were having issues selling their homes because petitioner was raising the Base Residency Charge for the new homeowner. In response to these complaints, Suffolk County Legislature passed Local Law No. 1534 (2006) with the goal of regulating the operations of planned retirement communities by protecting the community residents.
Petitioner then commenced an Article 78 appeal contending that the Local Law was invalid because it violated the Equal Protection Clause of the Constitution, the County Legislature exceeded its power and the Local Law was preempted by State and Federal legislation. The Supreme Court ruled against petitioner and declared the Local Law valid. Petitioner subsequently brought about this Article 78 appeal.
The Supreme Court agreed with the Court’s determinations that the Local Law did not violate the Equal Protection Clause, and that it was not preempted by State or Federal legislation but found that several portions of the law should have been declared invalid because the County Legislature did not have the authority to enact those portions of the Local Law.
Accordingly, the Court modified the order by deleting the provision declaring valid Section 3(A), Section 4(F), Section 7(A), Section 7(C), Section 12(A), and Section 12(B) and affirmed the order as modified without costs or disbursements.
