Rockland Sues Owners Of Evergreen Court Over Wreckage Of Deadly Fire

NEW CITY, NY — As squatters have moved into the wreckage of the Evergreen Court Home for Adults, site of a fatal fire three years ago, Rockland County officials have gone to court to force the owners of the property where to clean it up.

"As this property owner has made no progress in over three years to clean up what remains of Evergreen Court, our Office of Buildings and Codes is taking legal action to have the unstable property finally either torn down or brought into compliance," said County Executive Ed Day.

The wreckage includes unstable remnants of the massive century-old former hotel where firefighter Jared Lloyd and resident Oliver Hueston lost their lives March 23, 2021. The assisted living facility housed 112 residents. The two rabbis who had been conducting a pre-Passover cleansing routine there that probably caused the fire pleaded guilty and admitted negligence last year in Rockland County Court.

The massive blaze and rescue operation drew in about 100 firefighters from four counties. Lloyd repeatedly entered the building to save residents, before sending out a Mayday call from an upper floor as it collapsed.

“Unfortunately due to the owner neglecting to clean up what remains, squatters have moved into the dangerously dilapidated structures," County Attorney Thomas Humbach said. "We hope that this legal action results in the owner renewing the property with a new, code compliant development.”

Last year, the owners said they were planning to rebuild, but nothing has happened at the site.

They said so as part of a settlement with the New York Health Department, which had sought to have their operating certificate revoked after the fatal conflagration.

The state Public Service Commission released a report on the Evergreen Court fire which pointed that out:

Staff’s review of subpoenaed documents from Rockland County and the Village of Spring Valley highlighted a history of building and fire code violations at the Evergreen Facility, dating back to the 1960’s, including faults in the fire suppression systems, inadequate evacuation infrastructure such as emergency lights and fire escapes, and unlicensed contractors performing plumbing and construction work.

Faced with revocation of the permit, Evergreen Court's owners, Joseph Schonberger, Steven Schonberger, Philip Schonberger and Jeffrey Schonberger, took the state to court. In 2023, the family and the department dropped legal action against each other. The department only suspended the operating certificate, and the owners agreed to submit plans for a new 200-bed adult home with an assisted living program. The department promised to review them expeditiously.

The owners also had to temporarily shut two other local facilities, New Golden Acres in Spring Valley and the New Village View in Highland, under separate settlements with the state health officials over ongoing health and safety violations and several court cases.

Now Rockland seeks a court order directing them to immediately abate all the violations of fire and building codes, energy codes and county law that the rubble at 65 Lafayette St. in Spring Valley represents.

There are four remaining, unsafe structures on the premises, according to the court filing. "The Respondents have had ample time, nearly three years, since the time of the fire on March 23, 2021 to clear debris from the fire, and either raze the property or bring its remaining structures back into compliance. They have done none of the above."

County officials also asked the court to direct the Rockland County Sheriff to have the structure vacated if necessary.

According to the filing, an inspection in March found the site was being used unlawfully as residences by numerous vagrants and saw garbage, trash, drug paraphernalia, open flame Sterno cans, human excrement and mold prevalent throughout the buildings. The inspector reported the structural integrity of three of the four buildings was compromised by either interior vandalism, demolition/cannibalism (for copper pipe), or from weather and natural material decay.

"Residents deserve more than having to look at the dangerous remnants of this deadly fire day in and day out," Day said.

SEE ALSO:

• State Reports On Problems At Fatal Nursing Home Fire
• Rockland Rabbis Avoid Jail Time In Fatal Fire Plea Deal
• Rockland DA: Evergreen Fire Prosecution 'Was A First-of-its-Kind Case'