Monsey NY - Congregation Loses Tax Break On Illegal 3-Family Home

Monsey, NY - The town has terminated a property tax exemption for a Monsey house that was illegally converted into a multiple-family dwelling.
The house, owned by Congregation Merkoz Halacha at 51 Park Lane, was approved by the town for occupancy by two families, but had at least three apartments when building inspectors toured it early this year.

Ramapo Assessor Scott Shedler said the property had a 100 percent religious exemption from property taxes in 2002.
That was reduced to a 67 percent exemption in 2004 when the town couldn't confirm the occupancy of one of the apartments.
It had an 80 percent exemption until Shedler petitioned the Assessment Review Board last week to make the property fully taxable.
The 5,127-square-foot house has a taxable value of $109,000. Ramapo assesses at 13.6 percent of market value.
Its full tax payments would be about $15,000 annually, Shedler said.

Gedalia Oberlander, who identified himself to the Assessment Review Board as the rabbi of the congregation, said he lived in one of the apartments, and two assistant rabbis lived in the others. "I feel that not having a certificate of occupancy shouldn't interfere with having the exemption," Oberlander told the board at its meeting.
"There was no CO (certificate of occupancy) and we're unable to confirm the location of the synagogue itself, seeing that it wasn't in that location," Shedler said.

During an inspection the inspectors found a family room that was illegally converted into a kitchen, as well as several rooms in the attic that were built without permits. In all, the inspectors counted 10 bedrooms.
"There are court cases that say if a property is in violation, it should not have an exemption," First Deputy Town Attorney Alan Berman told the board.
After a closed session to speak with Berman, the board accepted Shedler's petition and denied the tax exemption.