A New York developer planned to build a 72- unit assisted living facility for the aged with staff offering residents assistance with meals and daily activities, but not skilled nursing care.  The proposed site is zoned partly for commercial use and partly for residential use.

After the Board of Zoning Appeals rejected the builder’s bid for a special use permit, it filed a federal suit for violating the Americans With Disabilities Act (ADA), the Rehabilitation Act and the Fair Housing Act.

The builder alleged discriminatory conduct including the failure to reasonably accommodate the needs of the disabled prospective residents.  It sought a preliminary injunction ordering the town to allow construction.

The U.S. Court of Appeals for the Second Circuit ruled that because the developers failed to show that people without disabilities could get what they were seeking—permits for residences in that same commercial zone—no injunction was warranted.

“If a building permit would not be granted even for comparable ‘traditional’ residences (that is, residences where persons without disabilities can live) in the relevant area, a municipality is not required to make accommodations that would facilitate a building permit for housing designed for the disabled.”

A Will names an executor who has the power to petition the Surrogate’s Court to probate it.  An executor is the “personal representative” and fiduciary of the decedent and as such must administer the estate.  The executor must ensure that the Will is carried out.  In general, the executor must:

1. Handle funeral arrangements and pay for the funeral;
2. Pay any outstanding bills of the estate;
3. Collect and preserve assets;
4. Pay debts, taxes and administration expenses of the estate; and
5. Distribute estate assets according to the terms of the will.

For further information, read the free  New York Executor’s Legal Survival Guide or call Buffalo and WNY Estate Planning Attorney Bob Friedman at  716 631 9999 or toll-free at 800 729 4571.

When you write a Will as testator in Buffalo, NY, it is especially important to choose competent and trustworthy executors and alternate executors. Otherwise, even careful estate planning may be rendered useless. The executor can be any person or institution that you choose. However, an executor should be:

• Experienced and competent in business matters;
• Familiar with your business, finances and property;
• Able and willing to act as your executor;
• Able to spend the time necessary to perform his or her duties;
• Able to work with the estate’s attorney and accountant; and
• Able to provide for the continuation of your business.