
Boston-based Gay & Lesbian Advocates & Defenders is suing the town of Gilsum, NH to stop the town from shutting down a group home for people with HIV, AIDS and Hepatitis C. GLAD is doing this for AIDS Services for the Monadnock Region (ASMR) to stop the town from taking Cleve Jones Wellness House for not paying property taxes. Five people are live the home. GLAD attorney Ben Klein said that the group home is tax exempt and shouldn’t have to pay the taxes.
Someone failed to file the application for the tax exemption on time and that when it finally did, the town refused to approve a late application, though it routinely granted exemptions to nonprofits that file late or not at all. Klein said GLAD filed its suit in Cheshire County Superior Court seeking immediate relief because the town planned to take the property this week. Last week, the town of Gilsum agreed to take no action to have the deed transferred to the town until the lawsuit is settled.
Previously GLAD sued the town of Gilsum in 2008 after the town put up roadblocks to Cleve Jones Wellness House operating on the site of a former group home for girls. The town has reacted based on fear of HIV, AIDS and incorrect assumptions for years. ”The town imposed conditions on who could live at the house,” Klein said. The case was settled and most of the restrictions were removed, he said.
The new lawsuit claims the town’s selectmen are discriminating against the home by refusing to grant its applications for tax exemptions if not filed or filed late. ”For example, the American Legion did not file an application in the years 2004-2009 and the Gilsum Congregational Church did not file an application in the years 2005, 2007, 2008 or 2009. Yet, the town of Gilsum treated their real property as tax exempt. In addition, all charitable organizations in Gilsum regularly filed the application late, sometimes as late as November and December of the tax year,” the lawsuit said. The selectmen have the option of approving late applications.
The lawsuit said the minutes of the Nov. 29, 2010, selectmen’s meeting show that after AIDS Services executive director Susan MacNeil questioned the differential treatment of her organization and the Congregational Church and American Legion, the board voted after she left not to tax the church and legion. The lawsuit claims the church and American Legion then filed applications at the board’s request.
AIDS Services did not file an application in 2007 because its executive director mistakenly believed the tax exemption was automatic, not something that must be filed annually, the lawsuit said. It was filed one month late in 2008 and three days late in 2009.
The lawsuit wants the court to find AIDS services is not liable for taxes for those three years and wants a refund of the $11,559 in taxes and interest AIDS Services paid the town last year. The lawsuit said AIDS Services had to borrow the money to pay the 2007 taxes and has been unable to repay the loan. The lawsuit said AIDS Services cannot afford to pay the 2008 taxes and got a notice the town was going to take the deed for failure to pay on July 21.