Suit and countersuit

By Bob Quinn
HIGHLAND MILLS — Neighbors are suing neighbors in Highland Lakes Estates, a community of 168 homes off Ridge Road in Highland Mills.
This community in the Town of Woodbury began in 1995 and is governed by a homeowners association, which require anyone who wants to buy a home within the community to become a member, adhere to its bylaws, covenants and restrictions and to pay a monthly maintenance fee of $110. A check of real estate offerings this week shows less than 10 homes for sale, ranging in price from $310,000 to $550,000.
Like a number of other communities and developments in Woodbury, Monroe, Blooming Grove, Chester and elsewhere southern Orange County, Highland Lakes Estates has seen an influx of Hasidic families as the population of the Village of Kiryas Joel has grown and grown.
In same instances, this has brought cultural conflicts. In this case, lawsuits - as different ways of living clash on suburban streets.
‘Harassment based upon their creed’Since 2016, about 15 Hasidic families have bought homes within the community, according to the lawsuit brought by members of these families against the Highland Lakes Homeowners Association.
The lawsuit claims the homeowners association has discriminated against them because they are Hasidic Jews. The plaintiffs seek $2.5 million in compensatory damages and $5 million in punitive damages.
“Contrary to the dictates of federal and state law, defendants discriminated against plaintiffs, who are all Hasidic Jews, on account of their religion and sought to burden the outward expressions of their religious exercise,” attorney Michael Sussman writes in his complaint, filed in U.S. District Court, Southern District of New York. “As a direct consequence of defendants’ discriminatory policies and practices, plaintiffs were caused myriad injuries, including, but not limited to, money damages incurred by their being forced to respond to defendants’ spurious litigation and emotional damages resulting from verbal and physical harassment based upon their creed.”
‘A residential place ... based on religion’Meanwhile, the homeowners association, the property manager and members of the board of trustees for the homeowners association have filed a countersuit, asking the court to dismiss all claims. The group also seeks $25 million in compensation.
“The goal of certain Plaintiffs has been to discriminate against all non-Hasidic Families and to make housing otherwise unavailable for others than Hasidic Families who are part of the Kiryas Joel community,” attorneys Richard S. Sklarin and Dennis E. A. Lynch wrote in the countersuit. “The Plaintiffs have acted and conspired to act with others with a goal of making the Estates a residential place, whether intended or not, has the effect of including residents of the Estates based on religion” in violation U.S. code governing discrimination in the sale or rental of housing.
The plaintiff claimsThe plaintiffs claim the homeowners association amended its bylaws to “expressly” harass Hasidic Jewish residents. Specifically, the lawsuit claims the homeowner association codified Sunday as a “Home and Family Day of Tranquility” by prohibiting any commercial transactions on Sunday.
“To Hasidic Jews,” Sussman wrote, “Saturdays are the day of rest and Sunday is a day on which commercial activities are generally pursued since most Hasidic men work five days/week and are unavailable to conduct personal business on those days or on the Sabbath (Saturday).
“The HLEHOA has no business declaring a specific day a ‘day of rest,’” Sussman added, “and has done so for no reason other than to make Hasidic feel less welcome in its development.”
At a press conference earlier this week to announce the countersuit, Carmine Mastrogiacomo, president of the homeowners association, said the bylaw has been amended to permit activity on Sundays from 10 a.m. to 2 p.m.
The plaintiffs also claim the homeowners association has “adopted by laws which disallow the erection on plaintiffs’ properties of eruvs and then refused to allow Jews to erect eruvs on their property, removing them and imposing hefty fines on Hasidic residents for not removing their eruvs.”
An eruv is a demarcated area that enables members of the Jewish faith with certain religious beliefs to carry or push objects within that area on the Sabbath and on Yom Kippur.
“Defendants have always permitted scores of other homeowners to erect all manner of Holiday decorations on their premises, whether for Halloween or for or around Christmas,” Sussman wrote, “and have not fined any of these property owners for violation of HOA bylaws.”
The lawsuit also claims the defendants have restricted school bus access, imposed fines for alleged violations of the association’s bylaws, vandalized property with eggs, pickles and potato chips and imposed what Sussman described as a “no prayer” ban, which prevents residents from congregating for prayer.
There is no synagogue within Highland Lakes Estates and the Hasidic families walk more than one mile to pray on the Sabbath.
The defense respondsThe defendants in their 42-page countersuit deny all the claims.
The countersuit claims one of the plaintiff said to one of the defendants “that the goal of certain Hasidic Estates Residents, including certain Plaintiffs, was to have the Estates only for Hasidic Families from the Village of Kiryas Joel area.”
The countersuit also notes: “The history of practices in the Village of Kiryas Joel is that organized efforts are undertaken to ‘drive out’ from said Village those residents who do not follow the practices of not only the Satmar Jewish Faith, but also Satmar Jewish Individuals who do not follow the specific practices of the particular Grand Rebbe in power within the Village of Kiryas Joel.”


At the press conference, Mastrogiacomo said he could not address specific issues because of the pending litigation. But he did have a statement, which in part read:
“We welcome everyone who wishes to live here in accordance with the homeowner association rules and by-laws which are achieved through democratic consensus. No one is welcome to attempt to disrespect our rules, harass families of this community and/or destroy our community. We will do everything possible to help prevent this from, not only happening in our community, but from becoming a common occurrence against other private communities as well.
“Over the past year, families of this community have faced acts of aggression, hostility and intimidation that will not be tolerated by the homeowners of this community. We welcome everyone, but we will not be pushed out, bullied or harassed by those who wish to achieve segregated goals in bad faith, through force, pitifully under the guise of religion. We are facing absolute bullying against our community. We didn’t ask for this, and didn’t do anything to deserve it, but we will stand up and fight this.
“We will fight for our families, our children, and the future of our community. We will fight for our freedom to vote, to assemble as homeowners, and collectively agree on issues. Anyone who feels this does not apply to them, should consider the spectre of similar acts of intimidation knocking on the door of their private community next. As HOA’s across the country maintain their own rules, regulations and by-laws to insure a private, peaceful environment for their families, so do we, for ours.
“We are a welcoming, diverse and multi-cultural community, but our kindness should not be mistaken for weakness. We will do everything in our power to protect the families and the future of Highland Lake Estates.”