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‘The Libyan flag is flying in Englewood’

 
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Libya’s ambassador to the United Nations, Abdurrahman Mohamed Shalgham, recently moved into this Palisade Avenue mansion in Englewood. Josh Lipowsky

Libya’s ambassador to the United Nations, Abdurrahman Mohamed Shalgham, has moved, at least temporarily, to an Englewood mansion owned by the Arab country.

The move drew criticism from the city’s mayor, as well as from the Libyan’s neighbor, Rabbi Shmuley Boteach.

“The Libyan flag is flying in Englewood and I am not happy about this, nor is the rabbi who lives next door,” Mayor Michael Wildes told The Jewish Standard.

Shalgham’s New York residence is undergoing renovations. Boteach, a columnist for this paper, led a protest this summer when Libyan leader Col. Muammar Kaddafi was reportedly planning to stay at the house during the opening session of the United Nations. He filed a suit against Libya for damage allegedly caused by the renovations.

The Libyan mission in New York did not respond to the Standard’s requests for comments.

“The placement of the Libyan mission as the next door neighbor of a rabbi as well as a Jewish day school [The Moriah School] is unconscionable and must be vociferously opposed by our elected leaders,” Boteach told the Standard. “I am gravely disappointed that the city of Englewood is allowing the Libyan mission to refuse payment of a single tax dollar over 25 years, even as it enjoys all the resources of our city, including heightened security and protection that is being funded by law abiding New Jersey residents.”

Libya has owned the property since 1982, and Boteach was aware of this when he moved next door in 1999. When he moved in, Boteach said, the mansion was in disrepair and empty.

“It was a derelict property,” he said. “It was completely overgrown. It was a communal eyesore. It sprung to life only when Kaddafi had no place to stay in New York. That’s when they invested so much money into it.”

Boteach argued that the residence’s zoning is at the heart of the dispute. The rabbi said city officials told him that they could not stop the ambassador from moving in because the house is zoned as a single-family residence. On the other hand, he continued, the Libyan mission has not paid any property taxes because of diplomatic immunity.

“The two are, of course, contradictory,” Boteach said. “Is the house zoned as a mission? If it’s zoned as a mission, then how could a family live there? And if it’s zoned as a single-family residence, then why aren’t they paying taxes?”

In a July 2 notice in the Federal Register, Jacob J. Lew, deputy secretary of state for management and resources in the Department of State, wrote, “I hereby designate exemption from real property taxes on property owned by foreign governments and used to house staff of permanent missions to the United Nations or the Organization of American States or of consular posts as a benefit for purposes of the Foreign Missions Act.”

The notice went on to cite a 1986 regulation that exempted property owned by diplomatic missions and used to house staffs of those missions from general property taxes.

A 1983 agreement between the United States and Libya limits use of the Englewood property to the Libyan ambassador and his family. Rep. Steve Rothman (D-9) said the Libyan and American governments acknowledged that agreement when Kaddafi decided not to stay in New Jersey. The amount of time the ambassador may spend at the property is unclear under the agreement, according to Rothman, who was mayor of Englewood at the time it was drafted, but he is permitted to stay there.

“The George W. Bush administration re-established diplomatic relations with the Libyan government and removed Libya from the list of state sponsors of terrorism,” Rothman previously told the Standard when news first broke of the ambassador’s impending stay. “And up until this moment the Englewood police chief has advised me he sees no problem in allowing the ambassador and his wife and children to occupy the residence. And so, I hope everyone will be appropriately good neighbors.”

Wildes has taken issue with the State Department’s reaction to the situation. He believes that despite the security arrangements made, the ambassador’s presence could be dangerous for the city.

“The most disappointing experience out of this whole saga is learning that our State Department is primarily interested in safeguarding their relationship with this rogue state rather than protecting U.S. taxpayers,” he said. “And I expect that Englewood will be facing challenges in the years to come as the true colors of Libya reveal themselves again. History repeats itself and we will be ground zero for everything from criminal mischief to anyone who has a beef with these financiers of terrorism.”

Englewood’s police department increased its patrols around the mansion before the ambassador moved in. Deputy Police Chief Lawrence Suffren said Tuesday that the department has since resumed its normal patrol schedule of the area. There is no concern about anti-Libyan activity in the area, he added.

“At this time there is no reason [for additional patrols],” he said. “Everything moved well with the ambassador moving in, so there is no reason for us to continue our presence at the current time.”

The police reached an agreement with the Libyan mission that it would not have any firearms on the property, addressing one of Boteach’s major concerns. The rabbi, however, found the agreement hard to believe.

“I wonder how the city can even enforce that,” he said. “The city has no leverage over the Libyans. It is for our elected leaders to oppose the existence of a diplomatic mission in a residential community.”

NEW UPDATE:

On Friday, the Libyan mission to the United Nations responded by fax to a request for comment from The Jewish Standard on the reason behind and the length of the ambassador’s stay in Englewood.

His Excellency, the Permanent representative of Libya, is moving to live in a property owned by Libya. It is indeed absurd to ask anyone: Why are you moving to live in your own house? Using this preposterous logic, we can ask you: Why do you live in your own house and for how long?

Best regards

The Permanent Mission Of the Libyan Arab Jamahiriya

 

More on: ‘The Libyan flag is flying in Englewood’

 
 
 

Public notice in the Federal Register from the Department of State, July 2, 2009

Designation and Determination Under the Foreign Missions Act

Pursuant to the authority vested in the Secretary of State by the laws of the United States, including the Foreign Missions Act, 22 U.S.C. 4301 et seq., and delegated by the Secretary to me as one of the President’s principal officers for foreign affairs by Delegation of Authority No. 245-1 of February 13, 2009, and at the direction of the Secretary of State, and after due consideration of the benefits, privileges, and immunities provided to missions of the United States abroad, as well as matters related to the protection of the interests of the United States, and at the request of foreign missions, I hereby designate exemption from real property taxes on property owned by foreign governments and used to house staff of permanent missions to the United Nations or the Organization of American States or of consular posts as a benefit for purposes of the Foreign Missions Act.

 
 
 
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