Village Of Atlantic Beach Settles Claim That its Zoning Code Violated the Religious Land Use and Institutionalized Persons Act

Joseph Nocella, Jr., United States Attorney for the Eastern District of New York, and Harmeet K. Dhillon., Assistant Attorney General for the Justice Department's Civil Rights Division, announced today an agreement with the Village of Atlantic Beach, New York to resolve allegations that it violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting and enforcing zoning provisions that treat religious land uses worse than comparable secular uses.

"The Religious Land Use and Institutionalized Persons Act prohibits local governments from imposing land use regulations that place unfair or discriminatory barriers on religious groups as compared to secular assemblies," stated United States Attorney Nocella. "The Justice Department and our Office are committed to protecting the right of religious institutions to receive equal treatment under the law."

"Zoning ordinances that single out religious uses for discretionary zoning permits while allowing secular gathering places as of right violate the Religious Land Use and Institutionalized Persons Act," stated Assistant Attorney General Dhillon. "The Justice Department is committed to ensuring that religious gathering places like synagogues, churches and mosques across America are treated the same as secular places of assembly."

RLUIPA is a federal law that protects persons and religious institutions from unduly burdensome, unequal, or discriminatory land use regulations. Among its protections is a requirement that zoning ordinances and zoning authorities cannot treat religious assemblies and institutions on less than equal terms with non-religious assemblies or institutions.

The settlement agreement resolves claims that a Village zoning ordinance, which required religious or educational places of assembly, but not non-religious places of assembly, to obtain a special exception permit from the Village's Board of Appeals, violated RLUIPA's equal terms provision. The settlement agreement follows resolution of a private lawsuit brought by an Orthodox Jewish organization, Chabad of the Beaches, which asserted that the Village's denial of its application to use a vacant commercial property for a religious facility violated RLUIPA.

Under the settlement agreement, the Village agreed to revise its zoning ordinance to remove the special exception requirement for places of worship and instead permit religious uses as of right in the Village's Residence District (A) which covers the majority of village properties. The settlement agreement also requires, among other relief, that the Village to train its officials and employees on RLUIPA's requirements and establish a procedure for receiving and resolving RLUIPA complaints.

More information about RLUIPA and the Department's efforts to enforce it can be found on the Place to Worship Initiative's webpage. Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online RLUIPA complaint portal. Anyone in the Eastern District of New York may also report civil rights violations to the U.S. Attorney's Office for the Eastern District of New York's Civil Division's Civil Rights Section by calling (718) 254-7000 or emailing [email protected].

This matter has been handled by the Office's Civil Division, Chief of Civil Rights Megan Freismuth, former Civil Division Chief of Civil Rights Michael Goldberger, and former Assistant United States Attorney Matthew Silverman with Trial Attorney Noah Sacks of the Justice Department's Civil Rights Division.