Information Guide About RLUIPA

U.S. Department of Justice
Civil Rights Division
Federal Religious
Land Use Protections
• 	How does federal law protect religious
institutions from unduly burdensome or
discriminatory land use regulations?
• 	How can you partner with the U.S.
Department of Justice if you are
impacted?

civilrights.justice.gov
How RLUIPA protects religious institutions
RLUIPA stands for “The Religious Land Use and Institutionalized
Persons Act.” Among other things, this federal law protects religious
institutions from unduly burdensome or discriminatory land use
regulations.
Congress passed RLUIPA in 2000 after hearing testimony that land use
and zoning regulations often burden religious institutions seeking to
exercise their faiths as protected by the U.S. Constitution.
How you can partner with DOJ
If your RLUIPA rights are violated, you may bring a private civil action
with your own attorney. DOJ can also review potential RLUIPA
violations, open investigations, bring lawsuits to enforce the statute, and
file friend-of-the-court briefs in private RLUIPA cases. DOJ can seek
court orders to correct violations but cannot seek monetary relief.
Unfortunately, DOJ is not able to open investigations or file suits in all
complaints that it receives.
To file a complaint about a possible RLUIPA violation, or find out more
information about the law, contact the DOJ Civil Rights Division:
Telephone: (800) 896-7743
Email: RLUIPA.complaints@usdoj.gov

What does RLUIPA do?
1) Bars land use regulations that substantially burden religious
exercise, except where justified by a “compelling governmental
interest” that the government pursues in the least restrictive way
possible
For example: 	A church is denied a permit to build an addition to
accommodate more Sunday school classes, which it believes it needs to
carry out its religious mission. This may violate RLUIPA if the town cannot
show a compelling reason for the denial.
2) Requires governments to treat houses of worship as favorably as
nonreligious assemblies
For example: 	A mosque leases space in a storefront. Zoning officials
deny an occupancy permit since houses of worship are forbidden in that
zone. However, fraternal organizations, meeting halls, and banquet
facilities are all permitted as of right in the same zone. This may violate
RLUIPA.
3) Bars governments from discriminating on the basis of religion or
religious denomination
For example: 	An Orthodox Jewish congregation is denied a building
permit for a temple despite meeting all of the requirements for height,
setback, and parking required by the zoning code. The zoning
administrator is overheard making a disparaging remark about the Jewish
community. If it were proven that the permit was denied because the
applicants were Jewish, this would violate RLUIPA.
4) Bars governments from totally or unreasonably excluding religious
assemblies, institutions, or structures
For example: 	A town enacts a law requiring that houses of worship must
be located on parcels with a minimum acreage, but parcels of that size are
unavailable or prohibitively expensive. Such a law may be an unreasonable
limitation in violation of RLUIPA.

Examples of DOJ’s RLUIPA work
City of Santa Ana, California
Micah’s Way is a faith-based organization that provides services to
people who are homeless. When Santa Ana refused to grant a
certificate of occupancy to allow Micah’s Way to provide food and drinks
to its clients in accordance with its religious beliefs, Micah’s Way filed a
RLUIPA lawsuit against the city.
DOJ filed a friend-of-the-court brief in a federal district court explaining
that feeding persons in need may be religious exercise under RLUIPA
and that the City’s conduct may have substantially burdened Micah’s
Way’s religious exercise. The court agreed and found that Micah’s Way
had properly alleged a RLUIPA claim. Soon after, the case settled, and
the City allowed Micah’s Way to continue providing food and drink to its
clients.
Stafford County, Virginia
The All Muslim Association of America purchased property in Stafford
County for a cemetery. After learning about the planned cemetery, the
County changed its zoning laws to impose new restrictions that would
prevent the cemetery from being built. The association reached out to the
Civil Rights Division for help.
The Department of Justice investigated the association’s claims and
brought a lawsuit against the County, alleging violations of RLUIPA.
As a result, the County repealed the ordinance and approved the permits
for the association to build its cemetery.

civilrights.justice.gov
Examples of DOJ’s RLUIPA work
Township of Jackson and Jackson Planning Board, New Jersey
The Orthodox Jewish community in the Township of Jackson wanted to
develop land for use by religious boarding schools.
The Township and Planning Board passed zoning ordinances broadly
prohibiting religious schools and banning schools with dormitories, both of
which are important to providing religious education within the Orthodox
Jewish community.
DOJ investigated and filed a RLUIPA case. Ultimately, the Township and
Planning Board agreed to a settlement with DOJ which required them to
repeal and replace the discriminatory ordinances to allow religious
elementary and secondary schools, religious higher learning institutions,
and religious residential schools.
Learn more about our work
DOJ’s Place to Worship Initiative: www.justice.gov/crt/placetoworship
RLUIPA: www.justice.gov/crt/rluipa
This information sheet is intended for informational purposes only. It has no force or
effect of law, is not a final agency action, and has no binding legal effect. The
information in it may be modified by the Department at any time.