Justice Department Resolves RLUIPA Lawsuit Against Pennsylvania Borough Over Zoning Restrictions
The U.S. Department of Justice has reached an agreement with the Borough of Kingston, Pennsylvania, to resolve a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) arising from the borough’s 2023 zoning ordinance.
According to the complaint, the zoning changes treated religious land uses less favorably than comparable secular uses and unreasonably limited where religious institutions could locate, in violation of RLUIPA. The ordinance allegedly made it especially difficult for Kingston’s Orthodox Jewish Chabad community to develop property for worship, study, and other religious purposes.
Under the proposed consent order filed in federal court, the borough agreed to revise its zoning ordinance to bring it into compliance with federal law. The agreement requires the borough to:
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Amend its zoning code to allow places of worship and religious schools in appropriate zoning districts;
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Remove zoning provisions that impose unnecessary or unequal burdens on religious land uses;
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Treat religious assemblies on equal terms with non-religious assemblies for zoning requirements such as parking and site standards.
The consent order also requires the borough to train municipal officials and employees on RLUIPA’s requirements and to establish procedures for receiving and reviewing complaints alleging violations of the statute.
RLUIPA is a federal civil rights law enacted to protect religious institutions from discriminatory or overly restrictive land use regulations. Municipalities that fail to comply with RLUIPA may face enforcement actions by the Department of Justice or private litigation.
FBMJ represents religious institutions in RLUIPA and land use disputes nationwide. For more information, please contact Joseph McGill at 734-742-1800 or JMcGill@fbmjlaw.com