United States v. Township of Jackson and Jackson Planning Board (D. N.J.)

On July 7, 2022, the court entered a consent order in United States v. Township of Jackson and Jackson Planning Board (D. N.J.).  The complaint, which was filed on May 20, 2020, alleged that Jackson Township, New Jersey and Jackson Township’s Planning Board violated the Religious Land Use and Institutionalized Persons Act’s (RLUIPA’s) non-discrimination and equal terms provisions, as well as the Fair Housing Act (FHA), by targeting the Orthodox Jewish community through zoning ordinances restricting religious boarding schools. Specifically, the complaint alleges that the Township passed Ordinances 03-17 and 04-17, and the Planning Board applied those Ordinances in a manner that discriminated against the Orthodox Jewish community and prevented it from operating Orthodox Jewish yeshivas there.  The complaint also alleges that, after the passage of the ordinances, the Planning Board approved plans for two non-religious projects with dormitory-type housing.  The consent order requires Jackson Township to repeal the discriminatory ordinances and replace them with an ordinance that will allow religious elementary and secondary schools, religious higher learning institutions, and religious residential schools. It also requires that the new zoning ordinance treat religious schools equally with non-religious institutions that operate in the township, and that the Township train its officials and employees on the requirements of RLUIPA and the FHA, establish a procedure for receiving and resolving RLUIPA and FHA complaints, pay a civil penalty of $45,000, and pay $150,000 into a settlement fund from which aggrieved persons can seek payment.

Press Release (6/15/2022)
Press Release (5/20/20)