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.
- 1File a RLUIPA complaint with the DOJ Civil Rights Division
- 2Contact the Village’s new complaint‑resolution office
- 3Seek legal advice if your application is denied
- 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.
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
- Good newsEqual treatment now required
Religious institutions in Atlantic Beach must receive the same zoning treatment as secular assemblies, removing a previous barrier.
- What to watchPotential ripple effect
Other municipalities may review their codes to avoid similar DOJ actions, benefiting faith groups nationwide.
- Good newsTraining may improve compliance
Mandatory RLUIPA training could reduce future discrimination claims and speed up approvals for religious projects.
- What to doResidents should monitor local zoning changes
Community members should stay informed about ordinance revisions to ensure new rules are applied fairly.
- What to doLegal counsel can aid complaints
Anyone facing a zoning denial should consider consulting a lawyer to file a timely RLUIPA complaint.
- agreement justice.gov
- Place to Worship Initiative’s webpage justice.gov
- complaint portal justice.gov
- Civil Rights Division justice.gov
- USAO - New York, Eastern justice.gov
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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