While New York state has a history of favoring religious and educational uses when applying local zoning and land use regulations, the federal Religious Land Use and Institutionalized Persons Act1 (RLUIPA) has inserted a new dynamic into the local municipal review process regulating the placement and expansion of religious uses throughout the state.
The issues raised by this statute implicate everything from the U.S. Constitution to municipal home rule, as well as the right of a community to regulate local development. RLUIPA’s purpose is to prevent religious discrimination, and the right to use property for religious uses is naturally an area of much concern for religious organizations.
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