Justice Department Files Statement of Interest In New York in Support of Religious Muslim Community’s Land Use Claim

The Justice Department filed a statement of interest today in the U.S. District Court for the Eastern District of New York supporting a claim by a religious Islamic organization that the Town of Oyster Bay violated its rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it denied the organization’s site plan application to expand its current facility into a mosque that would meet the religious needs of its congregation.

The lawsuit alleges that Muslims on Long Island (MOLI) have worshipped at a mosque in Bethpage, Long Island, since 1998, but that it has grown and now needs additional space for prayer, religious education, ritual washing and religious counseling. In its complaint and motion for a preliminary injunction, MOLI claims that the Town’s recently revised zoning code imposes more onerous parking requirements on houses of worship than on comparable nonreligious places of assembly like theaters, museums and libraries.  MOLI alleges that the Town denied its application to expand its house of worship, relying on the Town’s recently revised parking code.  The Department’s statement of interest supports MOLI’s argument that the zoning code treats religious uses less favorably than non-religious uses, in violation of RLUIPA’s equal terms provision, and that the Town has failed to justify this unequal treatment.

“RLUIPA prohibits local governments from imposing more onerous requirements on religious assemblies than comparable nonreligious assemblies,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Zoning codes violate RLUIPA when they single out religious uses for tougher restrictions than comparable secular uses.  The Civil Rights Division will continue to vigilantly enforce RLUIPA’s protections and ensure that religious groups have equal access to places to worship.”

“Zoning regulations that unfairly restrict assemblies by faith-based groups violate federal law,” said United States Attorney John J. Durham for the Eastern District of New York.  “Municipalities cannot impose tougher parking or other land use standards on houses of worship than comparable secular assemblies. The Justice Department and my Office will vigorously protect the right of religious institutions to receive equal treatment under the law.”

RLUIPA is a federal law that protects persons and religious institutions from unduly burdensome, unequal, or discriminatory land use regulations. More information about RLUIPA and the department’s efforts to enforce it can be found on the Place to Worship Initiative’s webpage.

As part of this initiative, the department distributed a letter to state, county, and municipal leaders throughout the country to remind them of their obligations under RLUIPA, including its requirement that land use regulations treat religious assemblies and institutions at least as well as nonreligious assemblies and institutions.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Division’s Civil Rights Section at (718) 254-7000 or the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the RLUIPA complaint portal. More information about RLUIPA, including questions and answers about the law and other documents, may be found at www.justice.gov/crt/about/hce/rluipaexplain.php.