Crane Neck Ass'n v. New York City/Long Island County Services Group

460 N.E.2d 1336, 61 N.Y.2d 154, 472 N.Y.S.2d 901, 41 A.L.R. 4th 1204, 1984 N.Y. LEXIS 4031
CourtNew York Court of Appeals
DecidedFebruary 23, 1984
StatusPublished
Cited by53 cases

This text of 460 N.E.2d 1336 (Crane Neck Ass'n v. New York City/Long Island County Services Group) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crane Neck Ass'n v. New York City/Long Island County Services Group, 460 N.E.2d 1336, 61 N.Y.2d 154, 472 N.Y.S.2d 901, 41 A.L.R. 4th 1204, 1984 N.Y. LEXIS 4031 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Kaye, J.

Beginning in 1945, as the Long Island estate of Eversley Childs was divided into residential parcels, each deed within the tract (called Crane Neck Farm) included an identical covenant restricting buildings to “single family dwellings.” Respondent agencies, implementing a longstanding State policy to deinstitutionalize retarded per[157]*157sons and place them in community settings, in 1980 leased property within Crane Neck to house and care for eight severely retarded adults. Appellants, Crane Neck property owners, contending that this use violates the restrictive covenant, seek a judgment enforcing the covenant and enjoining continuation of the lease.

Special Term granted appellants partial summary judgment, concluding that the State facility was not a single-family dwelling and therefore violated the covenant, yet finding that there were fact issues as to whether the restrictions of the covenant had been waived by past violations and whether the character of the neighborhood had so changed as to render the covenant unenforceable in equity. The Appellate Division reversed and dismissed the complaint, determining that the facility could be considered a single-family dwelling consistent within the restrictive covenant, and that in any event the covenant could not be enforced to prevent the residence as a matter of public policy. On the latter ground, we affirm the order of the Appellate Division.

I

Pursuant to a lease effective September 1,1980 between the owners of the subject property (respondents Jonathan Pool and Bernard Grofman) and respondent New York City/Long Island County Services Group (an agency of respondent New York State Department of Mental Retardation and Developmental Disabilities), eight profoundly retarded adults formerly in institutions came to reside in a six-bedroom home situated on two wooded acres at 3 Johns Hollow Road in the Hamlet of Crane Neck, Village of Old Field. These adults were in need of uninterrupted supervision.

According to the State’s program, a nonresident professional staff of approximately 16 persons cares for the residents, trains them, and provides therapy where needed. While resident “houseparents”. are in theory part of the program, it is not clear from the record that there have in fact been houseparents at 3 Johns Hollow Road. At least three supervisory persons are to be within the home around the clock.

[158]*158In a family-type environment and under constant supervision, the disabled persons residing in Crane Neck are taught socialization as well as basic physical skills. Structured “day programming” lasting six or more hours a day is conducted in feeding, toilet training, personal grooming and health habits, dressing, housekeeping, and caring for property. After the initial period of intensive training, once sufficient independence is developed, the residents are enrolled in sheltered workshops in the area, such as the United Cerebral Palsy Center in Commack, the Industrial Home for the Blind in Melville, and the Suffolk Child Development Center in Smithtown, returning to 3 Johns Hollow Road each day. As they are able, also, they begin interacting with merchants and others in the neighborhood. The stays at 3 Johns Hollow are of indefinite duration, but it appears that residents upon reaching a certain degree of development are expected to leave and be replaced by others in need of care and training.

II

The question presented on this appeal is whether use of the leased premises at 3 Johns Hollow Road should be enjoined by equitable enforcement of the restrictive covenant in the lessors’ deed. Any analysis of this issue of course must begin with language of the covenant.

Starting in 1945, and continuing for about 10 years, uniform deed restrictions were imposed on all parcels comprising the tract of Crane Neck. Each of these deeds, including the deed from which respondent lessors derived title, included the following:

“Subject to the following covenants and restrictions, which shall be construed as real covenants running with the land and shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, devisees, legal representatives, successors and assigns:

“(a) There shall not be constructed nor maintained upon the said premises, any buildings other than single family dwellings and outbuildings. That no house or dwelling costing less than $3500 on the basis of 1944 material and labor costs shall be erected on the said premises, and that no building other than Cape Cod or Colonial design and [159]*159architecture (and additional buildings shall conform in architecture to the main dwelling) shall be erected on said premises unless plans and specifications therefor have first been submitted to and approved in writing by the parties of the first part, or their duly authorized agent.”

From a reading of the covenant and the undisputed evidence regarding the intent of the grantor, we conclude that the deed restriction was imposed to preserve Crane Neck as a neighborhood of single-family dwellings, not only architecturally but also functionally. We are therefore in agreement with both courts below that, to give the effect intended by its creator, the covenant must be read to apply not only to the physical construction of single-family dwellings within Crane Neck but also to their actual use. (Baumert v Malkin, 235 NY 115.)

We cannot agree, however, with the conclusion of the Appellate Division that the community residence at 3 Johns Hollow Road functions as a single-family dwelling. It fits neither a traditional concept of a single-family unit known in 1945 (see What Constitutes a “Family” Within Meaning of Zoning Regulation or Restrictive Covenant, Ann., 172 ALR 1172), by which its use must be measured (Clark v Devoe, 124 NY 120, 123), nor even the expanded definitions of “family” of more recent origin (see City of White Plains v Ferraioli, 34 NY2d 300, 306).

In support of their argument that the use is consonant with the covenant, respondent agencies point to the fact that the residence in theory functions as one housekeeping unit providing a homelike atmosphere for individuals who cannot remain in their natural families, meanwhile teaching them basic skills which will enable them to live independently. But these indicia of family life do not create a family.

We found in City of White Plains v Ferraioli (34 NY2d 300, supra) that a group home consisting of a married couple, their two children and 10 foster children qualified as a family for purposes of a zoning ordinance, and in Group House of Port Washington v Board of Zoning & Appeals (45 NY2d 266, 271), we concluded that a group home of seven children with two surrogate parents could not be distinguished from a natural family for that same [160]*160purpose. Those decisions, which have in effect been codified in subdivision (f) of section 41.34 of the Mental Hygiene Law, are not controlling here. This case concerns the application of a private covenant, not a zoning ordinance. Furthermore, a much different factual situation is presented.

In this context, a home inhabited by eight unrelated adults each receiving uninterrupted professional supervision and care is not a single-family unit.

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Bluebook (online)
460 N.E.2d 1336, 61 N.Y.2d 154, 472 N.Y.S.2d 901, 41 A.L.R. 4th 1204, 1984 N.Y. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-neck-assn-v-new-york-citylong-island-county-services-group-ny-1984.