United States v. Village of Suffern (S.D.N.Y.)

On June 17, 2010, the court entered a consent decree resolving the United States' complaint in United States v. Village of Suffern (S.D.N.Y.). The complaint, filed on September 26, 2006, alleged that Suffern's denial of a zoning variance to Bikur Cholim to operate a "Shabbos House" near Good Samaritan Hospital substantially burdened the religious exercise of Orthodox Jews, in violation of Section 2(a) of the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). A Shabbos House provides meals and lodging to Orthodox Jews on the Sabbath and other holy days to allow them to observe their religious beliefs and practices on those days such as engaging in prayer and refraining from driving and other activities. Bikur Cholim's Shabbos House in Suffern provides meals and lodging to Orthodox Jews who take patients to and from Good Samaritan Hospital, visit patients at the hospital, or are patients released from the hospital. The complaint further alleged that there are no other locations within a reasonable and safe walking distance of Good Samaritan Hospital that could accommodate Orthodox Jews on the Sabbath or other holy days and afford these Orthodox Jews the opportunity to exercise their religious beliefs by visiting the sick and observing the laws of the Sabbath. On June 24, 2009, the court denied the Village's Motion to Dismiss and Motion for Summary Judgment and the United States' Motion for Summary Judgment, which had been pending since November 2007. Under the terms of the consent decree the Village of Suffern has agreed to permit the shabbos house to continue operation at its current location. The defendant also agreed not to discriminate on the basis of religion or impose or implement any land use regulation in a manner that imposes a substantial burden on the religious exercise of any person, assembly or institution. The defendant further agreed to comply with certain notice and training requirements to ensure that Village officials are knowledgeable about and comply with the requirements of RLUIPA. Bikur Cholim separately sued the Village for, among other things, violating RLUIP A in a lawsuit entitled Bilrur Cholim, Inc., Rabbi Simon Lauber, Fellowship House of Suffern, Inc., Maika Stern, Sara Halperin, Michael Lipman, Abraham Langsam and Jacob Levita v. The Village of Suffern, (the "Private Suit"). The parties to the private suit have entered into a Private Settlement which resolved the suit and provides relief to the private plaintiffs. The consent decree will remain in effect for four years. The case was primarily handled by the U.S. Attorney's Office for the Southern District of New York.