Scammers are implementing a new and increasingly sophisticated con in which they send fabricated communications to parties who have applied for zoning relief. These communications falsely claim to be sent by or on behalf of municipal zoning hearing boards. They purport to approve requested zoning relief, contingent upon targeted parties complying with fabricated administrative requirements. Unsurprisingly, these “administrative requirements” typically involve targeted parties being directed to remit funds to local municipalities, while covertly diverting funds to the scammers. Zoning relief applicants should be vigilant, as these scams are highly convincing, often appear time-sensitive, include detailed, application-specific information, and may result in significant financial loss.
A targeted party is typically contacted by scammers via email or letter following submission of an application for zoning relief. The communication often recites details specific to the targeted party’s pending application, such as the party’s name(s) and address, the subject property’s address and parcel number, the type of relief sought, and citations to relevant authorities. The communication states that the application will receive final confirmation only upon the applicant’s completion of administrative requirements, including payment of an attached invoice. The invoice may itemize the costs, attributing them to categories such as the zoning hearing board’s application review fee, zoning ordinance and variance compliance analysis, staff planning review and technical evaluation, public hearing preparation and agenda coordination, and administrative processing, records management and documentation.
Common red flags to look for include: typographical errors, inaccurate municipal contact information, improperly identified municipal staff, excessive or unexplained fees, incorrect descriptions of the zoning review and approval process, and requests for unusual or temporary payment methods.
If you believe you have been targeted by this scam, we recommend not responding to the communication or remitting payment and instead verifying the communication by contacting the relevant municipality using publicly available contact information or by contacting any member of Barley Snyder’s Real Estate Practice Group for assistance.
