Religious Land Use and Institutionalized Persons Act

The federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., preempts zoning law or ordinance requirements that substantially burden the religious exercise of churches or other religious assemblies or institutions--if the laws or ordinance requirements are not the least restrictive means of furthering a compelling governmental interest.

This prohibition applies in any situation where: (i)  the state or local government entity imposing the substantial burden receives federal funding; (ii)  the substantial burden affects, or removal of the substantial burden would affect, interstate commerce; or (iii)  the substantial burden arises from the state or local government's formal or informal procedures for making individualized assessments of a property's uses. This third "trigger" of RLUIPA jurisdiction is the one most commonly used to challenge local zoning regulations under the Act.

A June 27, 2007, Michigan Supreme Court opinion, The Greater Bible Way Temple of Jackson v City of Jackson, Jackson Planning Commission, and Jackson City Council, ( __ Mich. __, 2007) held that a local government's refusal to rezone does not constitute an "individualized assessment," and thus, RLUIPA is inapplicable in challenges to rezoning denials.

Other types of zoning decisions, such as special use permit or variance applications, may still implicate RLUIPA.

Also, although the Court held in Greater Bible Way Temple that the building of an apartment complex does not constitute a "religious exercise," other state and federal courts have upheld broad interpretations of what constitutes "religious exercise" for the purpose of determining RLUIPA applicability. As a result, both dimensional and use applications involving new or expanding religious facilities, schools, day care centers, retirement homes or care facilities, community services, and religious meetings in residences or commercial buildings may implicate RLUIPA.

It's important to note that RLUIPA does not require an applicant to represent a "mainstream" religion or religious belief.

Township zoning bodies and officials should be familiar with RLUIPA and the growing body of case law to avoid potential violations of the Act.

Religious Land Use and Institutionalized Persons Act

U.S. Code Title 42, Chapter 21c (text of act)

Cornell University Law School Web site, Legal Information Institute

RLUIPA Land Use information 

U.S. Department of Justice Web page

RLUIPA.org
The Becket Fund for Religious Liberty's RLUIPA Web site. Extensive nationwide case information.