AIRMONT, NY – The longstanding legal tussle between the Village of Airmont and the United States Department of Justice (DOJ) reached a decisive turn with the entry of a Consent Decree. This decree addresses the alleged religious discrimination against Orthodox Jewish residents through restrictive zoning codes, a concern that has led to three lawsuits in thirty years.
U.S. Attorney for the Southern District of New York, Damian Williams, confirmed the Decree, which centers on the Religious Land Use and Institutionalized Persons Act (RLUIPA). The act empowers the DOJ to challenge local land use regulations that significantly hamper religious practices or exhibit religious discrimination.
The Consent Decree mandates substantial amendments to the 2018 zoning code provisions. Specifically, it enlarges the permissible space in private homes for Residential Places of Worship (RPW), removes limitations on invitees for prayers, and abolishes the protracted, arbitrary application process that effectively thwarted permit approvals for home alterations.
Airmont had earlier acceded to a preliminary injunction on March 15, 2021, which temporarily restrained the enforcement of these zoning provisions. The Consent Decree now permanently upholds this prohibition, setting forth a multi-year accord that brings about extensive modifications to Airmont’s zoning laws.
This legal resolution stems from a string of alleged discriminatory actions dating back to 1991. The United States had previously sued Airmont twice; first, for adopting zoning policies to exclude Orthodox Jews, and later in 2005, for denying an application to construct a yeshiva due to zoning codes that barred residential student housing.
Following the expiry of a 2011 consent decree, a local political movement, “Preserve Airmont,” emerged victorious in Village elections, and swiftly imposed a development moratorium. Upon its conclusion, the administration enacted a new zoning code in 2018 that eradicated RPWs from the zoning code, introduced restrictive review processes for special permits, and subsequently led to a third lawsuit by the United States.
The Consent Decree passed today by U.S. District Judge Nelson S. Román reinstates RPWs, expedites the review process for worship space applications, and ensures equitable treatment in land use regulations for religious entities. This resolution underscores a collective move towards addressing religious discrimination, while emphasizing the importance of religious freedom in fostering community relations within Airmont.