Village Of Airmont Ordered To Cease Enforcement Of Zoning Code That Discriminates Against Orthodox Jewish Residents And To Restore Right To Home Worship

Audrey Strauss, the United States Attorney for the Southern District of New York, announced the entry today of a Consent Order of Preliminary Injunction (the “Injunction”) mandating that the Village of Airmont (“AIRMONT”) immediately cease enforcement of zoning code provisions enacted in 2018 that discriminate against Orthodox Jewish residents in violation of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), as alleged in a lawsuit brought by the United States (the “Government”).  Among other things, the zoning code provisions at issue limit the amount of space in private homes that can be used as a Residential Place of Worship (“RPW”), restrict whom residents are allowed to invite into their own homes to pray, and expand the use of an arbitrary, drawn-out application process designed to delay and effectively deny permits for even minor alterations to private houses.  After commencing its lawsuit in December 2020, the Government presented evidence that the provisions had been motivated by discriminatory animus and served no legitimate governmental purpose.  Following the Government’s submission, AIRMONT agreed to entry of the Injunction.

U.S. Attorney Audrey Strauss said:  “The right to Free Exercise of religion is central to the First Amendment, and our multicultural society is only as strong as our willingness to stand up for the rights of religious minorities.  We appreciate Airmont’s willingness to agree to cease enforcement of its discriminatory zoning code restrictions pending final resolution of this matter.”  

Under the terms of the Injunction entered today by U.S. District Judge Nelson S. Román, AIRMONT:

• Must restore RPWs as a recognized land use category permitted as of right in all residential districts and may not enforce contrary provisions of local law enacted in 2018 that removed RPWs as a recognized of-right use from AIRMONT’s zoning code;

• Must restore in full zoning provisions protecting the right to residential worship enacted by order of the District Court in 1996 after a jury found that AIRMONT had engaged in discrimination against Orthodox Jews, which AIRMONT removed from its zoning code in 2018 in violation of the Court-entered final judgment;    
   
• Must ensure that all applications for RPWs that are 1,400 square feet or less in total size are reviewed and approved on an expedited basis without public hearing; and
   
• May not adjudicate applications for RPWs that are larger than 1,400 square feet under the terms of site development regulations enacted in 2018, which expanded and made mandatory a disproportionately burdensome review process, and may instead only apply regulations that were in effect under an earlier version of AIRMONT’s zoning code enacted in 1997.

RLUIPA authorizes the Department of Justice to commence an action against any local government that implements a land use regulation that places a substantial burden on religious exercise or discriminates on the basis of religion.  By its terms, the Injunction will remain in effect until further order of the District Court.

The case is being handled by the Office’s Civil Rights Unit.  Assistant U.S. Attorney Stephen Cha-Kim is charge of the case.