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Allen v. Town of North Hempstead

New York Supreme Court, Appellate Division
478 N.Y.S.2d 919 (1984)

Written by Tanya Munson, JD

Facts

Leonard Allen (plaintiff) was interested in purchasing a condominium in the Town of North Hempstead’s (defendant) Golden Age Residence District. In order to reside in this special district, the code of the Town of North Hempstead required an age minimum of 62 years. Allen was over 62 years of age, but the code also had a requirement that seniors who apply for residence in the district must have resided in the Town of North Hempstead for a minimum of one year before applying. Allen, because he was not a resident of the Town of North Hempstead, was precluded from purchasing a unit. Allen challenged the residency requirement of the town code and sought a declaratory judgment. The district court found the ordinance to be invalid and unconstitutional. The Town of North Hempstead appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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