Recent Accomplishments Of The Housing And Civil Enforcement Section

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Recent Accomplishments Of The Housing And Civil Enforcement Section
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https://www.justice.gov/crt/recent-accomplishments-housing-and-civil-enforcem... ↗

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the City of Troy, Idaho, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it denied a conditional use permit (CUP) application sought by Christ Church, a small evangelical church. The lawsuit alleges that Christ Church had outgrown the space where it had been worshipping and was unable to find a space to rent. It then sought a CUP to operate a church in the City’s C-1 zoning district, where nonreligious assembly uses such as clubs, museums, auditoriums, and art galleries were allowed. Local residents vociferously opposed the Church’s CUP application, and many of their written and verbal comments reflected animus against Christ Church’s beliefs. In its denial of the Church’s CUP application, the City cited the fact that the public was “heavily against” it and that the “great majority of the city residents” opposed granting the CUP. The lawsuit alleges that the City’s denial of the CUP imposed a substantial burden on Christ Church and was based on the community’s discriminatory animus against the Church. It also alleges that the City’s zoning code treats religious assembly use worse than nonreligious assembly use. The lawsuit alleges violations of RLUIPA’s substantial burden, equal terms, and discrimination provisions.
On April 29, 2025, the Justice Department filed a statement of interest in Grace New England v. Town of Weare (D.N.H.), a private lawsuit alleging that the Town violated the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) by threating fines against a small home-based church and its pastor. The fines were allegedly an attempt to force the church to undergo the Town’s site plan review process even though New Hampshire state law prohibits local governments from requiring this process for religious land use. The