U.S. Department
of Justice
United States v. Hendricks County, Indiana (S.D. Ind.)
On September 18, 2024, the United States filed a complaint and consent decree in United States v. Hendricks County, Indiana (S.D. Ind.) settling allegations that Hendricks County (the County) violated the Fair Housing Act (FHA) and Religious Land Use and Institutionalized Persons Act (RLUIPA) by twice unlawfully denying zoning approval to Al Hussnain Inc., an Islamic educational organization, seeking to develop a religious seminary, school and residential housing in Hendricks County. The proposed consent decree, which was filed in the U.S. District Court for the Southern District of Indiana and must still be approved by the court, resolves a lawsuit filed by the United States. The complaint alleges that the County, facing significant community animus and opposition, denied Al Hussnain’s rezoning applications to develop a mixed-use community containing a residential neighborhood, community center, K-12 religious school, Islamic seminary, and dormitories for seminary students at two different locations in the County, citing concerns that lacked a legitimate basis. The complaint further alleges that Hendricks County repeatedly departed from its own zoning ordinances as well as the county’s processes and procedures for reviewing zoning applications and treated Al Hussnain’s application worse than similar applications brought by non-Muslim developers. The complaint alleges that the County engaged in a pattern or practice of unlawful discrimination and denied rights to a group of persons because of religion in violation of the FHA and imposed a substantial burden on the Islamic organization’s religious exercise, treated the organization on less than equal terms with nonreligious assemblies or institutions and discriminated against the organization on the basis of religion in violation of RLUIPA. The consent decree requires Hendricks County to pay monetary damages of $295,000 to Al Hussnain, Inc., a civil penalty of $5,000 to the United States, adopt Fair Housing and Religious Land Use policies, train its officials and employees on the requirements of RLUIPA and the FHA, and establish a procedure for receiving and resolving RLUIPA and FHA complaints.