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Justice Dept. Settles Claim Village of Atlantic Beach Discriminated Against Religious Uses

New YorkReal Estate & Property
Justice Dept. Settles Claim Village of Atlantic Beach Discriminated Against Religious Uses

The U.S. Justice Department announced on October 21, 2026 that it has settled a claim with the Village of Atlantic Beach, New York. The village was accused of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) by requiring religious groups to obtain a special exception permit that secular groups did not need.

RLUIPA is a federal law that protects religious institutions from land‑use rules that place unfair burdens compared with non‑religious uses. The Department said zoning rules that single out churches, synagogues or mosques for extra scrutiny breach the law.

What the settlement changes

Under the agreement, Atlantic Beach will amend its zoning ordinance so that places of worship can be built “as of right” in the Residential (A) district. This means religious groups will no longer need a special exception from the Board of Appeals.

The village also must train its officials and employees on RLUIPA requirements and set up a clear process for receiving and resolving complaints about religious land‑use discrimination.

What affected parties can do next
  1. 1File a RLUIPA complaint with the DOJ Civil Rights Division
  2. 2Contact the Village’s new complaint‑resolution office
  3. 3Seek legal advice if your application is denied
  4. 4Monitor the village’s revised zoning ordinance for compliance

Source: U.S. Department of Justice

Why the case started

The dispute began when Chabad of the Beaches, an Orthodox Jewish organization, sued after the village denied its request to turn a vacant commercial property into a synagogue. The lawsuit claimed the denial violated RLUIPA’s equal‑terms provision.

What this means for ordinary people

Anyone seeking to open a church, mosque, synagogue or other religious gathering place in Atlantic Beach now has the same rights as a secular assembly hall. If a local government elsewhere imposes extra permits on religious uses, affected parties can file a complaint with the DOJ’s Civil Rights Division at 800‑896‑7743 or through the online RLUIPA portal.

Local officials must also follow the new training and complaint‑handling procedures, which could speed up resolution of future disputes.

Video explainer: What is RLUIPA? The Religious Land Use and Institutionalized Persons Act — Dalton & Tomich, PLC

When to seek legal help

If you believe a zoning board is treating your religious organization differently from a secular group, consulting an attorney experienced in civil rights or land‑use law can help you navigate the complaint process and protect your rights.

What this means: our conclusions

2 Good news1 What to watch2 What to do
  1. Good newsEqual treatment now required

    Religious institutions in Atlantic Beach must receive the same zoning treatment as secular assemblies, removing a previous barrier.

  2. What to watchPotential ripple effect

    Other municipalities may review their codes to avoid similar DOJ actions, benefiting faith groups nationwide.

  3. Good newsTraining may improve compliance

    Mandatory RLUIPA training could reduce future discrimination claims and speed up approvals for religious projects.

  4. What to doResidents should monitor local zoning changes

    Community members should stay informed about ordinance revisions to ensure new rules are applied fairly.

  5. What to doLegal counsel can aid complaints

    Anyone facing a zoning denial should consider consulting a lawyer to file a timely RLUIPA complaint.

Primary sources & the law

This article is general information based on U.S. Department of Justice and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 22, 2026.

Source: U.S. Department of Justice

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