An Orange County village has filed a lawsuit against a family with seven children for living in a 55-and-older community.

Residents also say they are upset that the Markovitzes, a family with seven children, are now living in a house designated for people ages 55 and older

The family is living in one of 130 homes in the 450-unit mixed development known as Woodbury Junction in the village of Woodbury.

The village is now suing the Markovitzes in state Supreme Court.

“They were issued a violation and they refused to get out. And they went to the ZBA and asked for a variance and they were denied the variance,” says Mayor Michael Queenan.

Queenan says the suit is cut and dry, but attorney Michael Sussman says his clients are being targeted because they're Hasidic.

He says other families under age 55 have lived at Woodbury Junction in the past, and village officials did nothing about it.

"They acknowledged that there were other families living there. They say they were living there temporarily and made various excuses, but our understanding is they lived there for several years,” says Sussman.

The mayor, though, says that's simply not true.

“We had one other incident down there with a family who was non-Hasidic. We issued the violation and they vacated the property,” says Queenan.

Residents tell News 12 that other Hasidic families 55 and older already live there and aren't being asked to leave.

Sussman says some Woodbury Junction residents want to see the family stay and the age restriction for the development be discontinued, arguing that it would make homes there more marketable.