Weekly Real Estate News
The U.S. Department of Justice announced Wednesday an agreement with the village of Atlantic Beach, New York, requiring changes to local zoning rules that federal officials alleged discriminated against religious assemblies.
The October 21 settlement resolves federal allegations under the Religious Land Use and Institutionalized Persons Act, or RLUIPA. According to the Justice Department, the village required religious or educational assemblies to obtain special-exception permits while comparable nonreligious uses did not face the same requirement.
Village agrees to revise permit requirements
Atlantic Beach agreed to revise its zoning ordinance to allow places of worship as of right in its Residential (A) district rather than requiring special-exception approval. It also agreed to train officials and employees on federal religious land-use protections and establish a procedure for receiving and resolving RLUIPA complaints.
The federal settlement follows resolution of a private lawsuit brought by Chabad of the Beaches over an application to use a vacant commercial property for religious purposes. The Justice Department’s announcement describes allegations resolved by agreement, not a finding after trial.
The case underscores federal scrutiny of local land-use restrictions that treat religious assemblies less favorably than comparable secular gathering places.
Primary sources: U.S. Attorney’s Office announcement; Justice Department case record and settlement agreement.
