Village Says Yeshiva Operating Illegally At Nyack College Campus

SOUTH NYACK, NY — The village of South Nyack has filed suit against Yeshiva Viznitz, the new owner of the massive Nyack College campus, for starting a school and making structural changes without complying with state, county or village codes and laws.

The lawsuit was filed in Rockland Supreme Court this week.

Last year, Yeshiva Viztnitz Dkhal Torath Chaim, Inc. bought the 107-acre property in South Nyack, plus the Alliance Seminary property in Upper Nyack plus land in Orangetown, for $45.5 million.

At the time, Yeshiva Vitnitz officials said their initial plans included operating a school for up to 250 boys. Future plans could include a college for another 250 students, plus housing. The campus is composed of many small parcels, all zoned residential, on which there are classroom buildings, faculty and dorm residences, sports complexes etc. in various stages of disrepair. Nyack College had announced in 2018 that it would consolidate operations at its Manhattan campus and ceased operations in Rockland County at the end of 2019.

It was only in November that a state Supreme Court judge ruled that the sale could go forward.

According to the lawsuit, the congregation promised to adhere to local and state regulations covering schools, including state permits, fire safety and building codes.

Instead, village officials allege, it has been using the buildings (many of which are in disrepair) without certificates of occupancy (or the inspections necessary to get them); and making extensive changes without permits, such as converting one two-family residence into office space and a café.

Village officials have "no objection to the intended stated use of the property,” the suit said, but have gone to court because of the congregation's continued refusal to provide information concerning the use of the buildings and the open safety violations on many of the structures.

The complaint also alleges the congregation is operating as a school without registering with the New York State Education Department, as required under state law.

In fact, the village said, yeshiva officials have indicated they will not be pursuing any permits or certificates of occupancy.

The village argues in the lawsuit that Nyack College was operating under "non-conforming use" permissions that have expired.

The village's building and fire inspector has also issued citations for issues of fire safety, lighting, heating, hazardous substances, plus issues of emergency access and egress including fire escapes.

Yeshiva Vitnitz's attorney Joseph Churgin told The Journal News he would defend the congregation's rights, pointing out that the site has been a religious college for a century. He has been involved in many land-use fights pitting Rockland municipalities against local Orthodox Jewish institutions.

The yeshiva's purchase of the property and the possibility of land-use fights such as this was the impetus for a decision by South Nyack residents in December to dissolve the village and let the Orangetown town government manage all local affairs. SEE: South Nyack Dissolution Update Thursday