Introduction:

With the growth of the Muslim community in the United States more and more Islamic institutions, Islamic centers and Mosques are being established. As these Islamic centers grow in size, communities have begun to build additional structures and/or build additions onto their existing buildings. For those communities hoping to build a new Islamic Center or expand their existing Center (insha’Allah) this article attempts to shed light on The Religious Land Use and Institutionalized Persons Act (RLUIPA). The RLUIPA is a federal law that gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use.

The Law:

In religious land use disputes, a subsection of RLUIPA states:
1. No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government can demonstrate that imposition of the burden on that person, assembly or institution

a. is in furtherance of a compelling governmental interest; and
b. is the least restrictive means of furthering that compelling governmental interest.

2. This subsection applies in any case in which:

a. the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations…

The statute defines “land use regulation” as a zoning or land marking law that limits or restricts a person’s use or development of land (including a structure affixed to land), if the claimant has an ownership or other property interest in the regulated land.

RLUIPA's Effect on Zoning:

Through RLUIPA, Congress has expanded religious accommodations that restrict municipalities' zoning power. Arguably, RLUIPA gives religious landowners a special right to challenge land use laws which their secular neighbors do not have. Even if a zoning law is void of religious discrimination, the court reviewing a challenge will apply strict scrutiny to the city's regulation.

Conclusion:

Thus, RLUIPA gives religious institutions the right to build religious centers, or at least challenge zoning laws, in places that would normally be prohibited to secular institutions. As a result, if your community seeks to build an Islamic Center and the local government, city, or municipality denied the building application based on zoning law, RLUIPA gives you the right to challenge that decision. Congress has established RLUIPA in order to ensure that religious organizations are not discriminated against by local government for reasons that do not further a compelling government interest. If your community experiences such an issue please contact Justice 360.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.