Housing and Civil Enforcement Cases

On October 2, 2015, the court entered a consent order in United States v. Sayville Dev. Group (E.D.N.Y.), a Fair Housing Act pattern or practice case. The complaint, filed on August 28, 2007,  alleged design and construction violations against an owner and architect  in Sayville, New York.  The consent order, requires the retrofit of two of the Defendants’ properties, the payment of $32,500 in compensatory damages to be divided among current and former residents, and a not-for profit fair housing organization, Long Island Housing Services.  In addition, the defendants must set aside $5,000 in a fund to retrofit certain items at a tenant’s request, and pay a civil penalty of $2,500.

On July 20, 2007, the court granted the United States' motion for leave to file an amicus brief in Albanian Associated Fund, Inc. v. Township of Wayne (D. N.J.), a Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) case brought by plaintiffs who are seeking to construct a mosque in the Township. The Township commenced eminent domain proceedings against the Albanian Association Fund's land while its application for a conditional use permit to construct a mosque on that land was pending before the Township's Planning Board. The Township argued on summary judgment that eminent domain proceedings are not covered by RLUIPA. The Division's brief argues that the Townships' commencement of eminent domain proceedings in this case constitutes the implementation of a land use regulation covered by RLUIPA.